DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies School of Health Research
(AG2015/7003)

MENZIES SCHOOL OF HEALTH RESEARCH ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the Menzies School of Health Research Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Menzies School of Health Research Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menzies School of Health Research. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Menzies School of Health Research, which sought approval for its 2015 Enterprise Agreement. The application was brought before the Fair Work Commission, which had to decide on whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary issue before the Commission was to determine if the agreement contained the minimum terms and conditions required by the Act and if it was fair and reasonable. This required a detailed analysis of the provisions of the agreement and how they aligned with the statutory requirements.

The Commission examined the specific terms and conditions of the Menzies School of Health Research Enterprise Agreement 2015, focusing on whether it provided for the minimum entitlements, including minimum wages, penalty rates, leave entitlements, and other employment standards as prescribed by the Act. Additionally, the Commission assessed if the agreement was procedurally fair, taking into account the process through which it was negotiated and the extent of consultation between the parties. The Commission also considered whether the agreement provided for the fair and reasonable terms and conditions for the employees covered by the agreement.

In delivering its decision, the Commission found that the Menzies School of Health Research Enterprise Agreement 2015 met the statutory requirements under the Fair Work Act 2009. The agreement provided for all minimum entitlements and was negotiated in a manner that was procedurally fair. The Commission was satisfied that the agreement contained fair and reasonable terms and conditions, considering the specific circumstances and needs of the Menzies School of Health Research. Consequently, the Commission approved the agreement, ensuring that it would now serve as the basis for employment terms and conditions for the employees covered by it.

Menzies School of Health Research

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established