DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hudson Institute of Medical Research
(AG2021/6585)

HUDSON INSTITUTE OF MEDICAL RESEARCH ENTERPRISE AGREEMENT 2021-2024

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2021

Application for approval of the Hudson Institute of Medical Research Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Hudson Institute of Medical Research Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hudson Institute of Medical Research. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement voted on by employees contained errors on pages 36, 55, and 58. The Agreement filed in the Commission contained amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] The Australian Nursing and Midwifery Federation and the National Tertiary Education Industry Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hudson Institute of Medical Research sought approval for its Enterprise Agreement 2021-2024, which was contested by various unions representing employees. The dispute was brought before the Fair Work Commission, Australia's industrial relations tribunal. The central issue before the court was whether the proposed terms and conditions in the Enterprise Agreement were fair and reasonable, taking into account the criteria set out in the Fair Work Act 2009. The court was required to consider whether the agreement met the 'better off overall test' and if it adequately balanced the interests of both employers and employees.

The Fair Work Commission, in delivering its decision, thoroughly examined the submissions from both parties and the evidence provided. The court found that the Enterprise Agreement did indeed meet the 'better off overall test', as it provided employees with various benefits and protections while also allowing the Hudson Institute to operate efficiently. The agreement included provisions for wage increases, flexible working arrangements, and improved conditions for casual employees. The court noted that the agreement was the result of extensive negotiations and reflected a compromise between the parties' competing interests. Therefore, the Fair Work Commission approved the Enterprise Agreement 2021-2024.

As a result of the court's decision, the Hudson Institute of Medical Research Enterprise Agreement 2021-2024 was approved and will come into effect on the agreed date. The agreement now serves as the binding contract between the Hudson Institute and its employees, governing their rights and obligations during the specified period. The court's approval ensures that the agreement remains compliant with the Fair Work Act 2009 and that it provides a fair and reasonable outcome for all parties involved.

Hudson Institute of Medical Research

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established