Howard Florey Institute Pty Ltd

[2014] FWCA 208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howard Florey Institute Pty Ltd
(AG2013/12197)

HOWARD FLOREY INSTITUTE UNION ENTERPRISE AGREEMENT 2014 - 2017

Educational services
COMMISSIONER BISSETT	MELBOURNE, 8 JANUARY 2014

Application for approval of the Howard Florey Institute Union Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Howard Florey Institute Union Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The National Tertiary Education Industry 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 Agreement is approved. In accordance with s.54(1) it will operate from 15 January 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Howard Florey Institute Pty Ltd, sought approval of a Union Enterprise Agreement (the 2014 Agreement) for the period 2014 to 2017. The application was lodged under the Fair Work Act 2009. The applicant and the relevant union, the National Tertiary Education Union, had negotiated the 2014 Agreement. The union sought to have the agreement approved by the Commission to ensure it complied with the provisions of the Fair Work Act. The Fair Work Commission was the court in this instance.

The primary legal issue before the Commission was whether the 2014 Agreement was compliant with the requirements of the Fair Work Act. The Commission considered the 2014 Agreement against the provisions of the Fair Work Act to ensure it complied with the relevant legislative requirements. The Commission needed to ensure that the 2014 Agreement did not contain any provisions that were contrary to public policy or that undermined the integrity of the industrial relations system.

The Commission found that the 2014 Agreement was compliant with the requirements of the Fair Work Act. The Commission noted that the 2014 Agreement contained provisions that were consistent with the objectives of the Fair Work Act. The Commission also noted that the 2014 Agreement did not contain any provisions that were contrary to public policy or that undermined the integrity of the industrial relations system. The Commission was satisfied that the 2014 Agreement was fair and reasonable and that it met the requirements of the Fair Work Act. The Commission approved the 2014 Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established