The Council Of The Queensland Institute Of Medical Research T/A QIMR Berghofer Medical Research Institute

[2024] FWCA 1093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Council Of The Queensland Institute Of Medical Research T/A QIMR Berghofer Medical Research Institute

(AG2024/661)

QIMR BERGHOFER MEDICAL RESEARCH INSTITUTE ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 27 MARCH 2024

Application for approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the QIMR Berghofer Medical Research Institute Enterprise Agreement 2023-2026 (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 T/A QIMR Berghofer Medical Research Institute (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 15 May 2023 and the Agreement was made on 23 February 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Nursing and Midwifery Federation (the ANMF), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT. The Australian Municipal, Administrative, Clerical and Services Union (the ASU), who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation (the ANMF) and the Australian Municipal, Administrative, Clerical and Services Union (the ASU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF and the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Council of the Queensland Institute of Medical Research, trading as QIMR Berghofer Medical Research Institute, which sought approval for the QIMR Berghofer Medical Research Institute Enterprise Agreement 2023-2026. The application was made to the Fair Work Commission (FWC) in Australia, which has jurisdiction over employment matters under the Fair Work Act 2009. The nature of the dispute was the procedural fairness and substantive fairness of the proposed enterprise agreement, focusing on its compliance with the Fair Work Act and the principles of good faith bargaining and industrial relations law.

The legal issues before the FWC encompassed whether the parties engaged in genuine good faith bargaining, whether the agreement was made in compliance with the relevant sections of the Fair Work Act, and whether the agreement met the standards of procedural and substantive fairness. The FWC had to determine if the application met the statutory requirements for approval, including whether the process leading to the agreement was fair and if the terms of the agreement were reasonable and equitable for the parties involved.

In its decision, the FWC examined the bargaining process and found that the Council of the Queensland Institute of Medical Research had demonstrated genuine good faith in its negotiations with the relevant trade union. The FWC assessed the procedural fairness of the agreement, considering the transparency and accessibility of the bargaining process, and found that the Council had provided adequate information and opportunities for the union to participate meaningfully. Regarding substantive fairness, the FWC evaluated whether the terms of the agreement were reasonable and equitable, considering the economic and social context of the agreement. The FWC concluded that the proposed agreement was fair and approved it, noting its compliance with the Fair Work Act and the principles of good faith bargaining.

The FWC's final orders included the approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2023-2026, effective from the date of the decision. The FWC directed the parties to implement the terms of the agreement and noted its binding effect under the Fair Work Act. This decision provided clarity on the procedural and substantive fairness requirements for enterprise agreements and reinforced the importance of good faith bargaining in the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established