Menzies School of Health Research

[2023] FWCA 2787

[2023] FWCA 2787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Menzies School of Health Research

(AG2023/2696)

MENZIES SCHOOL OF HEALTH RESEARCH 2022 ENTERPRISE AGREEMENT

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 AUGUST 2023

Application for approval of the Menzies School of Health Research 2022 Enterprise Agreement

1. An application has been made for approval of an enterprise agreement to be known as the Menzies School of Health Research 2022 Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Menzies School of Health Research (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 28 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Higher Education Industry – Academic Staff Award 2020, the Higher Education Industry – General Staff Award 2020, the Professional Employees Award 2020, and the Nurses Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

1. The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

a)   National Tertiary Education Industry Union;

b)   Australian Salaried Medical Officers Federation; and

c)   Australian Nursing and Midwifery Federation

1. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Annexure A

[1]     The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023.  This Agreement was made after 6 June 2023. 

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