DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Health and Medical Research Council
(AG2016/7654)

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 FEBRUARY 2017

Application for approval of the National Health and Medical Research Council Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the National Health and Medical Research Council Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Health and Medical Research Council. 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 CPSU, the Community and Public Sector 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 9 February 2017. The nominal expiry date of the Agreement is 2 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the National Health and Medical Research Council, which sought approval of the Enterprise Agreement it had negotiated with the Australian Health Employees’ Union. The union represented employees of the council. The council sought approval of the agreement under section 193 of the Fair Work Act 2009. The union did not oppose the application.

The legal issue before the Commission was whether the agreement contained provisions that were contrary to the public interest, and therefore should not be approved. The council argued that it did not. The union did not oppose the application.

The Commission noted that the agreement contained a clause that provided that the council would pay the union an annual payment for the purpose of enabling the union to carry out its duties. The union argued that this was a compulsory union fee and, as such, was contrary to the public interest. The council argued that the payment was not a compulsory union fee and was necessary to ensure that the union could effectively represent its members. The Commission accepted the council’s argument, finding that the payment was not a compulsory union fee, and was necessary to ensure that the union could effectively represent its members. The Commission approved the agreement.

The Commission made an order approving the agreement. The union’s objection to the application was dismissed.

National Health and Medical Research Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established