DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Ageing Research Institute Limited
(AG2018/5601)

NATIONAL AGEING RESEARCH INSTITUTE LTD ENTERPRISE AGREEMENT 2018-2021

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MAY 2019

Application for approval of the National Ageing Research Institute Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Ageing Research Institute Ltd 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 National Ageing Research Institute Limited. The agreement is a single enterprise agreement.

[2] Clauses 12.1.1, 28.3, 32.1.4 and 33.1.4 of the Agreement contain references to “Allowances” when none are payable and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that references to “Allowances” are removed.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 23 May 2019 and, in accordance with s.54, will operate from 30 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Ageing Research Institute Limited applied to the Fair Work Commission for approval of the National Ageing Research Institute Ltd Enterprise Agreement 2018-2021. The application was brought by the Institute, an employer, and the Australian Council of Trade Unions (ACTU), an employee representative. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The court was required to determine if the agreement satisfied the criteria for an enterprise agreement, including provisions on minimum rates of pay, classification of employees, and other relevant terms and conditions. The court also considered whether the agreement allowed for the protection of employees' rights and interests, and if it adhered to the principles of industrial relations law. Furthermore, the court evaluated whether the agreement would lead to improved productivity and efficiency within the Institute.

The Fair Work Commission found that the agreement met the necessary requirements and was in the best interests of the employees. The court determined that the agreement provided adequate protection for employees' rights and interests, and that it would lead to improved productivity and efficiency within the Institute. The agreement was therefore approved by the Fair Work Commission. The final orders of the court were that the National Ageing Research Institute Ltd Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009.

National Ageing Research Institute Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established