Hudson Institute Of Medical Research T/A Hudson Institute Of Medical Research

[2024] FWCA 3891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hudson Institute Of Medical Research T/A Hudson Institute Of Medical Research

(AG2024/3839)

HUDSON INSTITUTE OF MEDICAL RESEARCH ENTERPRISE AGREEMENT 2024-2027

Scientific services
COMMISSIONER TRAN	MELBOURNE, 7 NOVEMBER 2024

Application for approval of the Hudson Institute of Medical Research Enterprise Agreement 2024-2027

Hudson Institute of Medical Research T/A Hudson Institute Of Medical Research has applied for approval of an enterprise agreement known as enterprise agreement name (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The National Tertiary Education Industry Union (NTEU) and the Australian Nursing and Midwifery Federation (ANMF) have lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the NTEU and the ANMF.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 November 2024.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Hudson Institute of Medical Research applied for the approval of the Hudson Institute of Medical Research Enterprise Agreement 2024-2027. The dispute centred around the terms and conditions of employment for the institute’s employees, who were represented by the Health Services Union of Australia. The application was heard by Commissioner S. J. Conolly, who was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues before the court were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the safety net provisions of the National Employment Standards. The court also considered the application of the ‘better off overall test’ to determine if the agreement provided employees with a minimum of the protections provided by the relevant awards or registered agreements, or the National Employment Standards.

Commissioner Conolly determined that the agreement met the legal criteria for approval. The agreement provided for terms and conditions that were fair and reasonable, and it complied with the safety net provisions. The better off overall test was also satisfied, as employees were provided with a minimum of the protections outlined by the relevant awards or the National Employment Standards. Given these findings, the Commissioner approved the agreement.

The final orders of the Commission included the approval of the Hudson Institute of Medical Research Enterprise Agreement 2024-2027, effective from the first day of March 2024. The agreement was to remain in force until the first day of March 2027, subject to the rights of the parties to negotiate a new agreement prior to its expiration. The Commissioner's decision was made on 27 February 2024, providing clarity and certainty to both the Institute and its employees regarding their employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established