DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Institute for Aboriginal and Torres Strait Islander Health Research Limited
(AG2014/11060)

THE LOWITJA INSTITUTE COLLECTIVE AGREEMENT 2014-2018

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 30 JANUARY 2015

Application for approval of The Lowitja Institute Collective Agreement 2014-2018.

[1] An application has been made for approval of a single-enterprise agreement known as The Lowitja Institute Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Institute for Aboriginal and Torres Strait Islander Health Research Limited (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The National Tertiary Education Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the National Institute for Aboriginal and Torres Strait Islander Health Research Limited, trading as the Lowitja Institute, for approval of the Lowitja Institute Collective Agreement 2014-2018. The dispute arose from negotiations between the employer and the Health Services Union of Australia, which represents the employees, regarding the terms and conditions of employment for the employees of the Lowitja Institute.

The central legal issue the Commission had to address was whether the collective agreement, which was the product of the negotiations, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "in the public interest" and if it was "appropriate" for the purpose of facilitating the resolution of enterprise disputes. The Commission also needed to consider whether the agreement adequately provided for the fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission examined the terms of the agreement, including the wages and conditions, the dispute resolution processes, and the provisions for employee participation. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that the dispute resolution mechanisms were appropriate and effective. The Commission also considered the broader context of the agreement, including the nature of the Lowitja Institute's work and the specific needs of its employees. Based on these findings, the Commission concluded that the agreement was in the public interest and appropriate for the purpose of facilitating the resolution of enterprise disputes.

Accordingly, the Fair Work Commission approved the Lowitja Institute Collective Agreement 2014-2018, and the application was successful. The approved agreement is now a legally binding instrument between the employer and the employees, providing a framework for their working relationship during the specified period.

National Institute for Aboriginal and Torres Strait Islander Health Research Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established