Application by Mater Misericordiae Limited Trading AS Mater
Citation: [2026] FWC 2883
At a glance
- Employees affected
- 66
What happened
Mater Misericordiae Limited (Mater), a healthcare provider in Queensland, is acquiring Gold Coast Private Hospital from Healthscope Operations Pty Ltd. Approximately 1,423 employees will transfer to Mater, with 66 covered by the Healthscope – Queensland – Allied Health Employees – Enterprise Agreement – 2025 – 2027 (Healthscope Agreement). Mater seeks an order from the Fair Work Commission that these 66 transferring employees not be covered by the Healthscope Agreement and instead be covered by the Mater Health Professionals Enterprise Agreement 2026 (Mater Agreement). A consultation process was undertaken with affected workers, and a survey showed 100% support for the application. No objections were received from the Transferring Employees or relevant unions.
What was decided
The Fair Work Commission granted Mater’s application. The Healthscope Agreement will not apply to the 66 transferring employees; they will be covered by the Mater Agreement. The Commission found that the Healthscope Agreement was a transferable instrument and considered factors like potential administrative costs, employee satisfaction, and business synergy. No Transferring Employees or unions raised objections. An order (PR812685) will take effect from 1 August 2026.
What it means for employers
Employers acquiring businesses with existing enterprise agreements should consider the implications of transferring employees and instruments. Consultation with affected workers and unions is important, even if no formal objections are received. Standardising terms and conditions for similar roles can improve efficiency and employee morale.
What it means for employees
Employees whose employment transfers to a new employer under an acquisition may experience changes in their enterprise agreement coverage. While this decision resulted in employees being covered by a more beneficial agreement, it's important to understand the implications of any such change and engage with unions if concerns arise.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →