DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baker Heart & Diabetes Institute
(AG2016/7945)

BAKER HEART AND DIABETES INSTITUTE ENTERPRISE AGREEMENT 2017

Scientific services
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2017

Application for approval of the Baker Heart and Diabetes Institute Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baker Heart and Diabetes Institute Enterprise Agreement 2017 (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 & Diabetes Institute. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Tertiary Education Industry Union, Australian Nursing and Midwifery Federation, and The Association of Professional Engineers, Scientists and Managers, Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Baker Heart and Diabetes Institute Enterprise Agreement 2017. The applicant was the Fair Work Commission, and the respondent was the Baker Heart and Diabetes Institute. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission heard and determined the matter.

The primary legal issue was whether the agreement provided for the protection of employees' rights and interests, and if it met the standards set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided adequate mechanisms for resolving disputes, whether it included provisions for flexible working arrangements, and whether it adequately protected employees from unfair dismissal. The Commission also had to consider whether the agreement complied with the requirement that it be certified by an independent certifier.

In reaching its decision, the Commission considered the provisions of the agreement and the submissions made by the parties. It found that the agreement provided adequate mechanisms for resolving disputes and included provisions for flexible working arrangements. The Commission also found that the agreement provided adequate protection for employees from unfair dismissal. Additionally, the agreement was certified by an independent certifier, which satisfied the requirements of the Fair Work Act. The Commission determined that the agreement met the criteria for approval and granted the application for its approval.

The Fair Work Commission approved the Baker Heart and Diabetes Institute Enterprise Agreement 2017. The approval ensures that the agreement will provide for the protection of employees' rights and interests, and it will now be the legally binding agreement between the employer and the employees. The approval of the agreement means that the parties are now bound by its terms, and any disputes arising from the agreement will be resolved in accordance with its provisions.

Baker Heart & 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