DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATC Insurance Solutions Pty Ltd
(AG2018/2951)

ATCIS/FSU ENTERPRISE AGREEMENT 2018-2021

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2018

Application for approval of the ATCIS/FSU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ATCIS/FSU Enterprise Agreement 2018-2021 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the ATCIS/FSU Enterprise Agreement 2018-2021. The applicant, ATC Insurance Solutions Pty Ltd, sought approval for the enterprise agreement, which had been negotiated between the company and the First Union of Shop, Distributive and Allied Employees. The nature of the dispute centred around the terms and conditions outlined in the agreement, specifically regarding pay rates, penalty rates, and other employment-related provisions.

The legal issues that the Fair Work Commission was required to decide included whether the agreement was appropriately negotiated and whether it provided fair and reasonable terms and conditions for employees. The Commission had to ensure that the agreement did not disadvantage any party, and that it was in line with the objectives of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement provided adequate protections for employees and whether it was consistent with the broader industrial relations framework.

The Fair Work Commission found that the enterprise agreement was appropriately negotiated and contained fair and reasonable terms and conditions for employees. The Commission noted that the agreement provided for appropriate pay rates and penalty rates, and that it included adequate protections for employees. The Commission was satisfied that the agreement did not disadvantage any party, and that it was in line with the objectives of the Fair Work Act 2009. Accordingly, the Commission approved the ATCIS/FSU Enterprise Agreement 2018-2021. The final orders of the Commission included the approval of the agreement, with specific details regarding pay rates, penalty rates, and other employment-related provisions outlined in the agreement.

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