DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Institute of Superannuation Trustees
(AG2016/7966)

AUSTRALIAN INSTITUTE OF SUPERANNUATION TRUSTEES CERTIFIED AGREEMENT 2017-2019

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Australian Institute of Superannuation Trustees Certified Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Institute of Superannuation Trustees Certified Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Institute of Superannuation Trustees. 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 was approved on 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Institute of Superannuation Trustees applied for the approval of the Australian Institute of Superannuation Trustees Certified Agreement 2017-2019. The dispute arose from the negotiation and subsequent drafting of an enterprise agreement between the Australian Institute of Superannuation Trustees and its employees, represented by the relevant union. The core issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and could be approved by the Fair Work Commission.

The legal issues before the court involved the interpretation and application of the Fair Work Act in assessing the validity of the certified agreement. Key considerations included whether the agreement was genuinely negotiated, met the criteria for simplicity and clarity, and was free from any unfair content that could adversely affect the employees. The court was also required to examine if the agreement had been fairly presented to the employees and if there was sufficient evidence of genuine negotiation.

The court determined that the agreement met all the statutory requirements under the Fair Work Act. It was found to have been genuinely negotiated, was clear and simple, and did not contain any unfair provisions. The court was satisfied that the agreement was fairly presented to the employees, and there was ample evidence of genuine negotiation processes. Consequently, the court approved the Australian Institute of Superannuation Trustees Certified Agreement 2017-2019.

Australian Institute of Superannuation Trustees

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established