Motor Accidents Insurance Board

Case

[2022] FWCA 2293

8 JULY 2022


[2022] FWCA 2293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Motor Accidents Insurance Board

(AG2022/2217)

Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2022

Banking finance and insurance industry

COMMISSIONER CIRKOVIC

MELBOURNE, 8 JULY 2022

Application for approval of the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Motor Accidents Insurance Board. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. 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.

  1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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