DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies School of Health Research T/A Menzies School of Health Research
(AG2018/6788)

MENZIES SCHOOL OF HEALTH RESEARCH ENTERPRISE AGREEMENT 2018

Scientific services
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Menzies School of Health Research Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menzies School of Health Research Enterprise Agreement 2018 (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 T/A 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 5 February 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Menzies School of Health Research, trading as Menzies School of Health Research, sought approval for the Menzies School of Health Research Enterprise Agreement 2018 from the Fair Work Commission. The application was made under the Fair Work Act 2009, which mandates the Commission to approve enterprise agreements that meet certain criteria, including coverage of employees, fair terms, and procedural fairness. The nature of the dispute involved ensuring that the agreement was appropriately negotiated and presented in accordance with the statutory requirements.

The primary legal issue before the Commission was whether the Menzies School of Health Research Enterprise Agreement 2018 complied with the procedural and substantive requirements outlined in the Fair Work Act 2009. This involved verifying that the agreement was made in good faith and involved proper consultation and negotiation processes. Additionally, the Commission had to consider whether the terms and conditions of the agreement were fair and reasonable, taking into account the economic circumstances and the needs of the employees covered by the agreement.

The Fair Work Commission found that the Menzies School of Health Research Enterprise Agreement 2018 was appropriately negotiated and met all statutory requirements. The Commission acknowledged the evidence presented by the Menzies School of Health Research regarding the negotiation process and the measures taken to ensure procedural fairness. Furthermore, the Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the Menzies School of Health Research and its employees. As a result, the Commission approved the Menzies School of Health Research Enterprise Agreement 2018.

The final orders of the Commission were to approve the Menzies School of Health Research Enterprise Agreement 2018, effective from 1 July 2018. The approval was subject to the terms and conditions set out in the agreement, which the Commission found to be fair and reasonable. The Menzies School of Health Research was authorised to implement the agreement, and the employees covered by the agreement were bound by its terms from the effective date. This decision provided clarity and legal certainty for both the Menzies School of Health Research and its employees regarding the approved enterprise agreement.

Menzies School of Health Research T/A 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