DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Institute of Health and Welfare
(AG2016/5794)

AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Australian Institute of Health and Welfare Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Institute of Health and Welfare Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Institute of Health and Welfare. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Institute of Health and Welfare sought approval for its 2016 Enterprise Agreement. The matter was heard in the Fair Work Commission. The dispute centred around whether the agreement was in compliance with the Fair Work Act 2009 and if it adequately covered the rights and obligations of employees.

The key legal issues before the Commission were whether the agreement contained minimum entitlements as required by the Fair Work Act, and if it provided appropriate mechanisms for resolving workplace disputes. Additionally, the Commission had to consider whether the agreement was made in good faith and if it adhered to the principles of industrial relations fairness.

The Commission determined that the agreement was compliant with the Fair Work Act and met all necessary requirements. It found that the agreement provided for the minimum entitlements, contained effective dispute resolution mechanisms, and was made in good faith. The Commission also concluded that the agreement was fair and balanced, taking into account the needs and interests of both the employer and employees.

As a result, the Fair Work Commission approved the Australian Institute of Health and Welfare Enterprise Agreement 2016. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between the Institute and its employees.

Australian Institute of Health and Welfare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established