Australian Retirement Trust Pty Ltd (Abn 88 010 720 840) As Trustee For Australian Retirement Trust (Abn 60 905 115 063)

[2024] FWCA 1410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Retirement Trust Pty Ltd (Abn 88 010 720 840) As Trustee For Australian Retirement Trust (Abn 60 905 115 063)

(AG2024/646)

AUSTRALIAN RETIREMENT TRUST ENTERPRISE AGREEMENT 2022

Banking finance and insurance industry
COMMISSIONER MCKINNON	SYDNEY, 18 APRIL 2024

Application for approval of the Australian Retirement Trust Enterprise Agreement 2022

Australian Retirement Trust Pty Ltd (ABN 88 010 720 840) As Trustee For Australian Retirement Trust (ABN 60 905 115 063) has applied for approval of a single enterprise agreement known as the Australian Retirement Trust Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met. This includes being satisfied that employees will be better off overall under the Agreement, having considered the concerns raised by the Finance Sector Union of Australia in this regard and the response to those concerns provided on behalf of the Australian Retirement Trust.

The Agreement is approved and will operate from 12 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Finance Sector Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Retirement Trust Pty Ltd and Australian Retirement Trust, sought approval of the Australian Retirement Trust Enterprise Agreement 2022, which was to be applied to the employees of the respondents, the Australian Retirement Trust Union and the Australian Retirement Trust Superannuation Fund. The court was asked to determine whether the agreement was fair and reasonable for the purposes of section 233 of the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for being fair and reasonable, including the requirements under section 235 of the Fair Work Act 2009. This involved an examination of the agreement's terms and conditions, the process by which it was negotiated, and the extent to which it provided for the fair and reasonable resolution of any disputes that might arise. The court also had to consider whether the agreement adequately protected the rights and interests of the employees.

The court found that the application met the requirements for approval under the Fair Work Act 2009. It determined that the agreement had been negotiated in good faith and was fair and reasonable in all its terms. The court found that the process of negotiation was transparent and inclusive, and that the agreement adequately protected the rights and interests of the employees. The court was satisfied that the agreement provided for the fair and reasonable resolution of any disputes that might arise. Based on these findings, the court approved the Australian Retirement Trust Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established