DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AustralianSuper Pty Ltd
(AG2016/6786)

AUSTRALIANSUPER PTY LTD ENTERPRISE AGREEMENT 2016-2019

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the AustralianSuper Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the AustralianSuper Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AustralianSuper Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The AustralianSuper Pty Ltd Enterprise Agreement 2016-2019 case involved the applicant, AustralianSuper Pty Ltd, seeking approval for a proposed enterprise agreement. The application was brought before the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including whether it contained the minimum entitlements prescribed by the Act and whether it was fairly negotiated.

The primary legal issue before the Commission was whether the proposed agreement was in accordance with the legislative requirements for enterprise agreements under the Fair Work Act. This included verifying that the agreement provided for minimum entitlements, such as minimum wages and conditions, and that it was fairly negotiated. Additionally, the Commission needed to determine whether the agreement complied with the procedural requirements set out in the Act for its approval.

The Commission found that the proposed agreement met all the legislative requirements for approval. It provided for the minimum entitlements as prescribed by the Fair Work Act and was fairly negotiated. The Commission also determined that the procedural requirements for approval were satisfied. As such, the Commission approved the AustralianSuper Pty Ltd Enterprise Agreement 2016-2019, deeming it to be in accordance with the Act.

The Fair Work Commission approved the AustralianSuper Pty Ltd Enterprise Agreement 2016-2019, finding that it met all the legislative requirements for approval. This included providing for the minimum entitlements and being fairly negotiated. The Commission also confirmed that the procedural requirements for approval were satisfied. The agreement was therefore approved and is now in effect.

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