DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MLC Limited T/A MLC Life Insurance
(AG2021/6578)

MLC LIMITED ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2021

Application for approval of the MLC Limited Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MLC Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MLC Limited T/A MLC Life Insurance. 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. The undertakings are taken to be a term of 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 7 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved MLC Limited, trading as MLC Life Insurance, and the Australian Council of Trade Unions, with the Fair Work Commission presiding over the application for the approval of the MLC Limited Enterprise Agreement 2021. The crux of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning minimum entitlements for employees.

The central legal issues before the Commission were whether the proposed agreement adequately met the statutory requirements for minimum wages and conditions, and whether it complied with the procedural prerequisites for its approval. This included assessing whether the agreement had been made in accordance with the procedural fairness principles, and if it contained all the mandatory terms as required by the Act.

The Commission carefully reviewed the application and the contents of the proposed agreement. It examined whether the agreement provided for the minimum entitlements as stipulated under the Fair Work Act, including minimum wages, leave entitlements, and other conditions of employment. The Commission also considered the process through which the agreement was negotiated and whether it adhered to the procedural fairness principles. Ultimately, the Commission determined that the proposed agreement complied with all statutory requirements and was therefore approved. This decision was based on the comprehensive evidence provided, which demonstrated that the agreement met the necessary legal standards and procedural fairness.

The Fair Work Commission approved the MLC Limited Enterprise Agreement 2021, finding it to be compliant with all relevant legal requirements. This approval allows the agreement to come into effect and govern the employment terms and conditions of the employees covered by it. The decision underscored the importance of ensuring that enterprise agreements meet the statutory minimum standards and are negotiated in a manner that respects procedural fairness.

MLC Limited T/A MLC Life Insurance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established