Baker Heart and Diabetes Institute

[2020] FWCA 4355

[2020] FWCA 4355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baker Heart and Diabetes Institute
(AG2020/2100)

BAKER HEART AND DIABETES INSTITUTE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 AUGUST 2020

Application for approval of the Baker Heart and Diabetes Institute Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Baker Heart and Diabetes Institute Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baker Heart and Diabetes Institute. The Agreement is a single enterprise agreement.

[2] The Agreement voted on contained errors at clauses 6.7, 21.2, 26.11, 30.3(a) and Schedule 3. On 17 July 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The National Tertiary Education 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.

[6] The Australian Nursing and Midwifery Federation, 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.

[7] The Agreement was approved on 18 August 2020 and, in accordance with s.54, will operate from 25 August 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A:

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