The Council of the Queensland Institute of Medical Research T/A QIMR Berghofer Medical Research Institute

[2018] FWCA 7761

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

(AG2018/3459)

QIMR Berghofer Medical Research Institute Enterprise Agreement 2017-2020

Health and welfare services
Deputy President Masson	MELBOURNE, 21 DECEMBER 2018

Application for approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the QIMR Berghofer Medical Research Institute Enterprise Agreement 2017-2020 (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 Agreement 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Council of the Queensland Institute of Medical Research, trading as QIMR Berghofer Medical Research Institute, applied for approval of an enterprise agreement. The agreement in question was the QIMR Berghofer Medical Research Institute Enterprise Agreement 2017-2020. The application was made under section 236 of the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, and other employment-related conditions.

The central legal issue for the Commission was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for being a "low paid" agreement, which could allow for certain terms and conditions to be set aside. Additionally, the Commission needed to consider whether the agreement was consistent with the Fair Work Act's provisions on minimum wages and conditions, and whether it provided for appropriate mechanisms for resolving disputes. The Commission also needed to ensure that the agreement did not unfairly disadvantage any party and was made in good faith.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement largely complied with the requirements of the Fair Work Act. The Commission determined that the agreement was a "low paid" agreement and, as such, certain terms and conditions could be set aside. However, the Commission noted that the agreement provided for adequate minimum wages and conditions and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and did not unfairly disadvantage any party.

Accordingly, the Commission approved the QIMR Berghofer Medical Research Institute Enterprise Agreement 2017-2020, subject to certain conditions. The final orders included that the agreement would be approved as a registered agreement, with the condition that any variations to the agreement in the future would also need to be approved by the Commission. The Commission also ordered that the agreement would be registered as a low paid agreement, which would allow for certain terms and conditions to be set aside.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established