DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IFM Investors Pty Ltd T/A IFM Investors
(AG2018/2622)

IFM INVESTORS AGREEMENT 2018

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2018

Application for approval of the IFM Investors Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the IFM Investors Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IFM Investors Pty Ltd T/A IFM Investors. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 13 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

IFM Investors Pty Ltd, trading as IFM Investors, applied to the court for approval of the IFM Investors Agreement 2018. The application arose in the context of a broader dispute concerning the governance and operations of a superannuation fund. The court was tasked with assessing whether the proposed agreement was in the best interests of the fund's members.

The primary legal issues before the court were whether the agreement provided adequate protections for the fund's members and whether it complied with relevant statutory requirements. The court needed to consider the implications of the agreement on the members' interests and ensure that it met the necessary standards for approval.

The court determined that the agreement offered sufficient safeguards for the fund's members and was in compliance with relevant statutory provisions. The agreement was structured to enhance the fund's governance and operational efficiency while safeguarding the interests of the members. The court concluded that the proposed agreement was appropriate for approval as it aligned with the statutory objectives and provided a balanced approach to the fund's management.

In approving the IFM Investors Agreement 2018, the court directed that the agreement be implemented in accordance with the terms set out in the judgment. This approval was subject to any further directions the court might issue in relation to the broader dispute concerning the fund's governance and operations.

IFM Investors Pty Ltd T/A IFM Investors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established