Baker IDI Heart & Diabetes Institute Holdings Limited T/A Baker IDI Heart & Diabetes Institute

[2013] FWCA 10175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baker IDI Heart & Diabetes Institute Holdings Limited T/A Baker IDI Heart & Diabetes Institute
(AG2013/11581)

BAKER IDI HEART AND DIABETES INSTITUTE ENTERPRISE AGREEMENT 2014

Scientific services
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Baker IDI Heart and Diabetes Institute Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Baker IDI Heart and Diabetes Institute Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baker IDI Heart & Diabetes Institute Holdings Limited T/A Baker IDI Heart & Diabetes Institute. 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 National Tertiary Education Industry Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 24 December 2013 and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the application by Baker IDI Heart & Diabetes Institute Holdings Limited for approval of the Baker IDI Heart and Diabetes Institute Enterprise Agreement 2014. The application was brought by the employer seeking to finalise the terms and conditions of employment for its employees under the new agreement. The Commission was tasked with ensuring the agreement complied with the relevant statutory provisions, particularly those under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met all the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith and whether it contained the minimum terms and conditions as required by law. The Commission also needed to determine if the agreement provided for appropriate mechanisms for the resolution of disputes and whether it included provisions for employee representation and consultation.

The Commission, after reviewing the submissions and evidence provided by both parties, found that the enterprise agreement complied with all the statutory requirements. The agreement was made in good faith and contained all the minimum terms and conditions mandated by the Fair Work Act 2009. Additionally, the agreement provided adequate mechanisms for the resolution of disputes and included provisions for employee representation and consultation. Consequently, the Commission approved the enterprise agreement as compliant and in accordance with the law.

The Fair Work Commission approved the Baker IDI Heart and Diabetes Institute Enterprise Agreement 2014, confirming that it met all statutory requirements for enterprise agreements under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment are legally sound and protect the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established