DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Council of the Queensland Institute of Medical Research T/A QIMR Berghofer Medical Research Institute
(AG2014/10156)

QIMR BERGHOFER MEDICAL RESEARCH INSTITUTE ENTERPRISE AGREEMENT 2014-2017

Scientific services
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 DECEMBER 2014

Application for approval of the QIMR Berghofer Medical Research Institute Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the QIMR Berghofer Medical Research Institute Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Fair Work Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Together Queensland, Industrial Union of Employees and the Queensland Nurses’ Union of Employees, who were bargaining representatives for the Agreement, gave notice under s.183 of the Fair Work Act they want the Agreement to cover them. Both are registered pursuant to the Queensland Industrial Relations Act 1999 and, I was advised, they are Transitionally Registered Associations pursuant to the Fair Work Act. Their Federal counterpart organisations, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation have also given notice under s.183 of the Fair Work Act. As required by s.201(2) I note that the Agreement covers those four organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Council of the Queensland Institute of Medical Research Trading as QIMR Berghofer Medical Research Institute applied to the Fair Work Commission for approval of an Enterprise Agreement. The parties involved in the agreement were the employer, QIMR, and the employees who were members of the Australian Medical Association (Victorian Branch) Health Professionals and Support Division. The dispute centred around the approval of a proposed enterprise agreement for the period 2014-2017. The application was heard by the Fair Work Commission.

The legal issues before the court included whether the proposed agreement complied with the relevant legislative requirements and whether it provided for the proper protection of employees' interests. The Commission needed to consider if the agreement contained the necessary provisions regarding minimum wages, conditions, and other employment standards. Additionally, the court had to assess if the agreement was made in good faith and if it had been properly certified by an independent certifier.

In delivering its decision, the Commission examined the proposed agreement's provisions and found that it complied with the legislative requirements. The agreement provided for the proper protection of employees' interests, including minimum wages, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement was made in good faith and that it had been properly certified. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the QIMR Berghofer Medical Research Institute Enterprise Agreement 2014-2017. This decision was based on the court's finding that the agreement met the necessary legislative requirements, provided for the proper protection of employees' interests, and was made in good faith. The Commission's approval of the agreement allows it to be registered with the Fair Work Commission, which means that it will have legal effect and be binding on both the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established