Baker Heart and Diabetes Institute Summary

[2021] FWCA 6054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baker Heart and Diabetes Institute
(AG2021/7004)

BAKER HEART AND DIABETES INSTITUTE ENTERPRISE AGREEMENT 2021

Scientific services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 SEPTEMBER 2021

Application for approval of the Baker Heart and Diabetes Institute Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baker Heart and Diabetes Institute Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation and the National Tertiary Education Industry Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Baker Heart and Diabetes Institute, sought approval of its 2021 Enterprise Agreement from the Fair Work Commission. The application was opposed by the Health Services Union of Australia and the Australian Council of Trade Unions. The agreement aimed to regulate the terms and conditions of employment for the Institute's employees. The primary dispute centred on whether the proposed changes in the agreement were fair and reasonable, particularly regarding pay rates, penalty rates, and the introduction of flexible work arrangements.

The Fair Work Commission had to determine whether the terms of the proposed agreement were fair and reasonable. The court considered the balance of the parties' bargaining power, the appropriateness of the terms in light of the enterprise's financial position, and the broader context of the industry. The Institute argued that the changes were necessary to remain competitive and financially viable, while the unions contended that the changes would negatively impact employees' pay and conditions.

After reviewing the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed changes in the agreement were fair and reasonable. The court took into account the Institute's financial position, the need for flexibility in the workplace, and the overall balance of the agreement. The court determined that the proposed changes did not undermine the principles of fairness and equity in the employment relationship.

The Fair Work Commission approved the Baker Heart and Diabetes Institute Enterprise Agreement 2021, subject to the terms and conditions outlined in the decision. The agreement was deemed to be fair and reasonable, and it came into effect on the date of the decision. The unions' opposition was dismissed, and the Institute was authorised to implement the terms of the agreement.

Baker Heart and Diabetes Institute

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established