The Florey Institute of Neuroscience and Mental Health

[2021] FWCA 6737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Florey Institute of Neuroscience and Mental Health
(AG2021/8250)

FLOREY UNION ENTERPRISE AGREEMENT 2021-2023

Scientific services
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2021

Application for approval of the Florey Union Enterprise Agreement 2021-2023

[1] An application has been made for approval of an enterprise agreement known as the Florey Union Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Florey Institute of Neuroscience and Mental Health. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case are the Florey Institute of Neuroscience and Mental Health and its unionised employees. The dispute pertains to the approval of the Florey Union Enterprise Agreement 2021-2023. The decision was rendered by the Fair Work Commission. The central legal issue before the Commission was whether the terms and conditions outlined in the proposed enterprise agreement complied with the relevant statutory framework, including the Fair Work Act 2009.

The Commission examined several key aspects of the agreement, including the classification of employees, pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also assessed whether the agreement was negotiated in good faith and whether it provided adequate protections for the employees. In its reasoning, the Commission highlighted that while the agreement contained terms that were generally in line with industry standards, certain provisions required modification to ensure compliance with the statutory requirements. Notably, the Commission identified discrepancies in the leave entitlements and pay rates for specific employee groups that did not align with the Fair Work Act provisions.

Ultimately, the Commission approved the enterprise agreement with several modifications. These amendments addressed the discrepancies in leave entitlements and pay rates, ensuring that the agreement met the statutory requirements. The Commission also required the parties to revisit certain dispute resolution mechanisms to ensure they were fair and accessible. The final orders included the approval of the Florey Union Enterprise Agreement 2021-2023, subject to the specified modifications and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established