Australian Institute of Superannuation Trustees T/A AIST

[2020] FWCA 5957

[2020] FWCA 5957

FAIR WORK COMMISSION

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

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