DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industry Fund Services Ltd T/A Industry Fund Services
(AG2016/5509)

IFS AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the IFS Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IFS 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 Industry Fund Services Ltd T/A Industry Fund Services. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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.

[6] The Agreement was approved on 7 November 2016 and, in accordance with s.54, will operate from 14 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industry Fund Services Ltd, trading as Industry Fund Services, applied for approval of the IFS Agreement 2016 in the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its compliance with the principles of procedural fairness and the avoidance of discrimination. The application was made in the context of ongoing industrial relations negotiations between the employer and its employees.

The legal issues before the Commission were primarily whether the agreement was fairly negotiated and whether it complied with the statutory provisions regarding procedural fairness and non-discrimination. The Commission had to determine if the process leading to the agreement was transparent and if the terms of the agreement were equitable and free from any discriminatory impact on employees. It was also necessary to consider if the agreement met the standards for good faith bargaining and if it provided for proper consultation with employees.

The Commission found that the negotiation process adhered to the principles of procedural fairness and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement did not unfairly discriminate against any group of employees and that it was the product of genuine bargaining between the parties. The decision was based on the evidence presented regarding the negotiation process and the terms of the agreement itself. The Commission approved the application, finding that the IFS Agreement 2016 met the necessary legal standards.

The Commission ordered the approval of the IFS Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees as per the terms outlined in the agreement. This decision provided clarity and certainty for both the employer and the employees concerning the terms of their employment going forward.

Industry Fund Services Ltd T/A Industry Fund Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established