DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flexigroup Limited
(AG2016/4686)

FLEXIGROUP ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Flexigroup Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Flexigroup Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flexigroup Limited. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2016. The nominal expiry date of the Agreement is 4 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flexigroup Limited applied for approval of the Flexigroup Enterprise Agreement 2016. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute primarily revolved around the procedural fairness of the agreement and whether it complied with the statutory requirements outlined in the Act.

The court was required to determine whether the agreement had been genuinely negotiated, and if it had been properly certified by the Australian Building and Construction Commission. Issues also included whether the agreement adequately covered the terms of employment and the rights of employees, and if it complied with the various provisions of the Fair Work Act.

The Fair Work Commission carefully reviewed the evidence provided by both parties, examining the negotiation process and the contents of the agreement. The Commission found that the agreement was genuinely negotiated and certified in accordance with the Act. It was also determined that the agreement met all the statutory requirements and was in the best interests of the employees. Consequently, the Commission approved the agreement.

The final order of the Fair Work Commission was that the Flexigroup Enterprise Agreement 2016 be approved, and that it come into effect on the date specified in the agreement. This decision effectively resolved the dispute and confirmed the validity of the agreement for the parties involved.

Flexigroup Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established