The Council of the Queensland Institute of Medical Research

[2021] FWCA 5811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Council of the Queensland Institute of Medical Research
(AG2021/6765)

QIMR BERGHOFER MEDICAL RESEARCH INSTITUTE ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the QIMR Berghofer Medical Research Institute Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Council of the Queensland Institute of Medical Research. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Council of the Queensland Institute of Medical Research sought approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2020-2023. The dispute involved the application to the Fair Work Commission (FWC) for the approval of this enterprise agreement, which governs the employment conditions of the institute's employees. The primary legal issues before the Commission were whether the agreement met the necessary standards under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the good faith bargaining requirement.

The FWC considered the application and examined the provisions of the agreement, including those relating to wages, conditions, dispute resolution, and employee representation. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining requirement. The FWC concluded that the agreement met the necessary standards under the Act and approved the application. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that the bargaining process had been conducted in good faith.

As a result, the QIMR Berghofer Medical Research Institute Enterprise Agreement 2020-2023 was approved and registered with the FWC. The final orders of the Commission included the approval and registration of the agreement, and the setting aside of any previous enterprise agreements. The decision provides clarity and certainty for both the employer and employees, and ensures that the agreement will govern their employment relationship for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established