DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATC Insurance Solutions Pty Ltd
(AG2015/7834)

ATCIS/FSU ENTERPRISE AGREEMENT 2015-2018

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the ATCIS/FSU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the ATCIS/FSU Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATC Insurance Solutions Pty Ltd. 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] 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.

[4] The Finance Sector Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between ATC Insurance Solutions Pty Ltd and the Financial Services Union. The union sought approval of an enterprise agreement that had been negotiated between the parties for the period 2015 to 2018. The employer challenged the fairness of the agreement, arguing that it contained terms that were not reasonably capable of being the subject of an enterprise agreement under the Fair Work Act 2009. The union defended the agreement, asserting that it was fair and reasonable and had been negotiated in good faith.

The legal issues before the Commission were whether certain terms and conditions within the agreement were fair and reasonable, and if they were within the scope of an enterprise agreement under the Fair Work Act. The Commission had to examine the agreement to determine if it complied with the requirements of section 234 of the Act, which outlines the criteria for a fair and reasonable enterprise agreement. The Commission also needed to consider whether the agreement contained any unfair or unreasonable terms that could not be approved.

The Commission found that the majority of the terms in the agreement were fair and reasonable and did not exceed the scope of what could be covered in an enterprise agreement. The employer's challenge to the agreement was based on the assertion that certain terms were not reasonably capable of being the subject of an enterprise agreement, but the Commission determined that these terms were within the scope of the agreement. The Commission concluded that the agreement was fair and reasonable and approved it as a certified agreement under the Fair Work Act. The employer's application for the agreement to be disallowed was dismissed.

The final orders of the Commission were that the ATCIS/FSU Enterprise Agreement 2015-2018 be approved as a certified agreement under the Fair Work Act and that the employer's application for the agreement to be disallowed be dismissed. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the Commission's decision.

ATC Insurance Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established