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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Baker Heart and Diabetes Institute was the subject of an application for the approval of the Enterprise Agreement 2020. The dispute involved the Institute and its employees represented by the Health Services Union. The primary issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement contained the minimum terms and conditions as stipulated by the Act, and if it was made in good faith and without coercion.

The legal issues before the Commission included verifying if the agreement provided for a proper process for resolving disputes, if it included minimum pay rates and conditions as per the National Employment Standards, and if it had been made fairly without any unfair dismissals. Additionally, the Commission had to consider whether the agreement adequately covered the rights of employees to be represented by their union and whether it was made in good faith, without any improper influence or duress.

The Commission examined the provisions of the agreement and found that it did indeed meet the necessary requirements under the Fair Work Act. The agreement was comprehensive, covering all minimum terms and conditions, and it included a dispute resolution process that was deemed effective and fair. The pay rates and conditions were consistent with the National Employment Standards, and there was no evidence of coercion or unfair dismissals. The rights of employees to union representation were adequately protected. Therefore, the Commission approved the Enterprise Agreement 2020, finding that it was made in good faith and without any undue influence.

The final orders included the approval of the Baker Heart and Diabetes Institute Enterprise Agreement 2020, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the employees covered by the agreement, providing a clear framework for their rights and obligations moving forward.

Baker Heart and Diabetes Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established