DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AustralianSuper Pty Ltd
(AG2019/4744)

AUSTRALIANSUPER PTY LTD ENTERPRISE AGREEMENT 2019-2023

Banking finance and insurance industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 DECEMBER 2019

Application for approval of the AustralianSuper Pty Ltd Enterprise Agreement 2019-2023.

[1] AustralianSuper Pty Ltd has applied for approval of a single enterprise agreement known as the AustralianSuper Pty Ltd Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 17 December 2019 and, in accordance with s.54, will operate from 24 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were AustralianSuper Pty Ltd, a superannuation fund, and the Australian Services Union, representing the employees. The dispute centered around the application for the approval of the AustralianSuper Pty Ltd Enterprise Agreement 2019-2023. This case was heard by the Fair Work Commission, which is tasked with regulating and approving enterprise agreements under the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it had been made in good faith. The Australian Services Union argued that the agreement did not adequately address certain issues, such as the classification of employees and the provisions for redundancy and termination.

The Fair Work Commission found that the agreement met the criteria for approval. The commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been made in good faith. The commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. As a result, the commission approved the AustralianSuper Pty Ltd Enterprise Agreement 2019-2023. The final orders of the court were that the agreement be approved and registered under the Fair Work Act.

AustralianSuper 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