DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hudson Institute of Medical Research
(AG2018/7334)

HUDSON INSTITUTE OF MEDICAL RESEARCH ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2019

Application for approval of the Hudson Institute of Medical Research Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hudson Institute of Medical Research Enterprise Agreement 2018-2021 (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.

[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 and 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Hudson Institute of Medical Research, the Australian Council of Trade Unions, and the Australian Medical Association Victoria. The dispute centred around the approval of the Hudson Institute of Medical Research Enterprise Agreement 2018-2021, which was sought by the Hudson Institute of Medical Research before the Fair Work Commission. The nature of the dispute involved the interpretation and application of the Fair Work Act 2009 to determine whether the proposed agreement met the criteria for approval under the legislation. The case was heard and decided by the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act.

The primary legal issues before the court were whether the proposed agreement provided for the appropriate process for resolving the agreement's interpretation, variation, or termination, as required by section 233 of the Fair Work Act. Additionally, the court needed to determine whether the agreement provided for a process for the resolution of disputes, as required by section 232 of the Fair Work Act. These issues were crucial in assessing the agreement's compliance with the legislative requirements and ensuring that it provided adequate protections for the parties involved.

In reaching its decision, the Fair Work Commission considered the provisions of the Fair Work Act, the principles of good faith bargaining, and the specific terms of the proposed agreement. The court found that the agreement contained appropriate provisions for the resolution of interpretation, variation, and termination issues, as well as a process for the resolution of disputes. The court also considered the parties' submissions and the evidence presented during the hearing. Based on this analysis, the court concluded that the proposed agreement met the requirements of the Fair Work Act and approved the Hudson Institute of Medical Research Enterprise Agreement 2018-2021.

The final orders of the Fair Work Commission were that the Hudson Institute of Medical Research Enterprise Agreement 2018-2021 be approved as a registered agreement under the Fair Work Act. This decision effectively formalised the terms and conditions of employment for the employees covered by the agreement, ensuring that they were in compliance with the relevant legislation. The approval of the agreement also provided a framework for the parties to resolve any future disputes or issues that may arise during the term of the agreement.

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