DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Medibank Private Limited; Australian Health Management Group Pty Ltd
(AG2019/4733)

MEDIBANK ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 1 APRIL 2020

Application for approval of the Medibank Enterprise Agreement 2019.

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

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Community and Public Sector Union (“the CPSU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CPSU.

[4] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (“the USU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the USU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Medibank Private Limited and Australian Health Management Group Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Medibank Enterprise Agreement 2019. The application for approval centred on whether the agreement met the legal standards and procedural requirements set out by the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fair and reasonable, and whether the appropriate consultation and disclosure processes were followed.

The legal issues under consideration included whether the agreement was genuinely negotiated between the parties, if it contained provisions that were necessary to prevent unfairness, and if the agreement met the disclosure and consultation requirements. The Commission also had to assess if the agreement was likely to achieve its stated objectives and whether it was in the best interests of the employees covered by the agreement.

In its decision, the Commission found that the agreement was the product of genuine bargaining and contained necessary provisions to prevent unfairness. The Commission determined that the proper consultation and disclosure processes had been followed and that the agreement was likely to achieve its objectives. The Commission concluded that the agreement was fair and reasonable, and thus granted the approval sought by the parties. The Fair Work Commission's decision was based on a comprehensive review of the agreement, the evidence presented, and the legal standards applicable to enterprise agreements under Australian labour law.

Medibank Private Limited; Australian Health Management Group 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