National Institute For Aboriginal And Torres Strait Islander Health Research Limited T/A Lowitja Institute

[2023] FWCA 94

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Institute For Aboriginal And Torres Strait Islander Health Research Limited T/A Lowitja Institute

(AG2022/5207)

THE LOWITJA INSTITUTE COLLECTIVE AGREEMENT 2022 - 2024

Indigenous organisations and services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 13 JANUARY 2023

Application for approval of The Lowitja Institute Collective Agreement 2022 - 2024

Lowitja Institute has applied for approval of an enterprise agreement known as The Lowitja Institute Collective Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2023. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between the Lowitja Institute and its employees, which was to cover the period from 2022 to 2024. The parties involved were The Lowitja Institute, an organisation focused on health research for Aboriginal and Torres Strait Islander people, and its employees represented by a union. The matter was heard in the Fair Work Commission, which has jurisdiction over workplace relations and employment disputes in Australia.

The legal issues before the Commission were whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009, and if it was fair and reasonable in terms of its provisions. The Commission needed to consider whether the agreement provided appropriate terms and conditions for the employees, including wages, hours of work, leave entitlements, and other employment matters. Additionally, the Commission had to assess whether the agreement was consistent with the principles of enterprise bargaining and whether it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement was comprehensive and addressed the necessary terms and conditions for the employees. It determined that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. The Commission was satisfied that the agreement had been negotiated in good faith and was consistent with the principles of enterprise bargaining. After considering all relevant factors, the Commission approved the collective agreement, recognising its value in promoting harmonious and productive workplace relations between the Lowitja Institute and its employees. The Commission's decision ensures that the employees will benefit from the agreed terms and conditions, while also supporting the Institute's mission to improve health outcomes for Aboriginal and Torres Strait Islander people.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established