DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Florey Institute of Neuroscience and Mental Health
(AG2018/2058)

FLOREY UNION ENTERPRISE AGREEMENT 2018-2020

Scientific services
COMMISSIONER JOHNS	SYDNEY, 28 AUGUST 2018

Application for approval of the Florey Union Enterprise Agreement 2018-2020

[1] An application has been made for approval of an enterprise agreement known as the Florey Union Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 4 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Florey Institute of Neuroscience and Mental Health, which sought approval for the Florey Union Enterprise Agreement 2018-2020. The dispute was heard by the Fair Work Commission. The institute aimed to have the agreement, which covered employees represented by the National Tertiary Education Union (NTEU), formally approved.

The central legal issues revolved around whether the terms and conditions outlined in the proposed agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave, and other entitlements. The court also needed to determine if the agreement adequately covered the rights and obligations of both the employer and the employees, and whether it met the statutory criteria for approval.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all the necessary statutory criteria. The commission considered the overall terms and conditions, the bargaining process, and the specific provisions of the agreement. It found that the agreement provided for fair wages and conditions, and that it adequately covered the rights and obligations of both parties. The commission also noted the collaborative process undertaken by the parties in negotiating the agreement, which contributed to its fairness. The court approved the agreement, thereby resolving the dispute in favour of the Florey Institute.

The Florey Institute of Neuroscience and Mental Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established