DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Institute of Superannuation Trustees T/A AIST
(AG2020/2988)

AUSTRALIAN INSTITUTE OF SUPERANNUATION TRUSTEES CERTIFIED AGREEMENT 2020-2022

Banking finance and insurance industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 NOVEMBER 2020

Application for approval of the Australian Institute of Superannuation Trustees Certified Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Institute of Superannuation Trustees Certified Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Australian Institute of Superannuation Trustees T/A AIST (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued by the Employer contained additional content not prescribed by the Fair Work Regulations 2009 (Regulations). However, the additional content did not contradict the Notice. I am therefore satisfied that this matter constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act. 1

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and in accordance with s.54 of the Act will operate from 17 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Annexure A

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by the Australian Institute of Superannuation Trustees, trading as AIST, seeking approval of the Australian Institute of Superannuation Trustees Certified Agreement 2020-2022. The dispute centred on the terms and conditions of employment for the employees of AIST, with the organisation arguing that the agreement met the necessary requirements under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement complied with the provisions of the Act, including provisions relating to minimum wages, penalty rates, and other conditions of employment.

The legal issues before the Commission included whether the proposed agreement provided for minimum rates of pay and conditions that met or exceeded the relevant national safety nets and minimum standards. The Commission also had to consider whether the agreement provided appropriate processes for the resolution of workplace disputes and whether the agreement allowed for the proper administration of the terms and conditions set out within it. Additionally, the Commission assessed whether the agreement facilitated the efficient operation of workplaces and supported the broader objectives of the Fair Work Act.

In reaching its decision, the Commission examined the proposed agreement in detail, taking into account the submissions from both AIST and the employees' representatives. The Commission found that the proposed agreement provided for rates of pay and conditions that met or exceeded the relevant minimum standards. The agreement also included provisions for the resolution of workplace disputes and the administration of its terms. The Commission determined that the agreement facilitated efficient workplace operations and aligned with the broader objectives of the Fair Work Act. Accordingly, the Commission approved the Australian Institute of Superannuation Trustees Certified Agreement 2020-2022.

Australian Institute of Superannuation Trustees T/A AIST

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established