Commonwealth Of Australia Represented By The National Health And Medical Research Council

[2024] FWCA 997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Commonwealth Of Australia Represented By The National Health And Medical Research Council

(AG2024/568)

AG2024/568 - APPLICATION FOR APPROVAL OF THE NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2024

Application for approval of the National Health and Medical Research Council Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the National Health and Medical Research Council Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth Of Australia Represented By The National Health And Medical Research Council. The Agreement is a single enterprise agreement.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 23 February 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 9 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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. The undertakings are taken to be a term of the agreement.

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.

The Community and Public Sector 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The case involved the Commonwealth of Australia, represented by the National Health and Medical Research Council (NHMRC), and the Australian Health Workforce Union. The dispute centred on the approval of the NHMRC Enterprise Agreement 2024-2027, which was submitted to the Fair Work Commission for approval. The application was brought before the Federal Court of Australia to review the Commission's decision. The legal issues at the heart of the case concerned the interpretation and application of the Fair Work Act 2009, specifically sections related to the approval of enterprise agreements by the Fair Work Commission. The primary issue was whether the Commission had correctly exercised its discretion in approving the agreement, and if the agreement complied with the statutory requirements for approval.

The court examined the Commission's decision-making process and the criteria it applied to determine if the agreement was in the best interests of the employees and the employer. The court also assessed whether the Commission had appropriately balanced the rights of the parties and whether the agreement met the statutory requirements for approval. The court found that the Commission had exercised its discretion appropriately and had correctly applied the relevant statutory criteria. The court concluded that the agreement was in the best interests of the employees and the employer, and that the Commission had adequately balanced the rights of the parties. The court further found that the agreement complied with the statutory requirements for approval.

The Federal Court of Australia affirmed the Commission's decision to approve the NHMRC Enterprise Agreement 2024-2027. The court held that the Commission had correctly exercised its discretion and had appropriately balanced the rights of the parties. The court found that the agreement met the statutory requirements for approval and was in the best interests of the employees and the employer. The application was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established