DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Motor Accidents Insurance Board
(AG2020/261)

MOTOR ACCIDENTS INSURANCE BOARD & FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2019

[1] The Motor Accidents Insurance Board has made an application for approval of an enterprise agreement known as the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 February 2020 and, in accordance with s 54, will operate from 19 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Motor Accidents Insurance Board sought approval of the Finance Sector Union Enterprise Agreement 2019. The Finance Sector Union Enterprise Agreement 2019 was intended to cover the terms and conditions of employment for certain employees within the board. The court had to decide whether the application complied with relevant provisions of the Motor Accidents Act 1994. The primary issue was whether the application for approval of the agreement complied with the statutory requirement that the agreement be in writing, be signed by the chief executive officer of the board and the union, and be accompanied by a statement from the board's chief executive officer that the agreement complied with the relevant statutory provisions.

The court noted that the application for approval of the agreement was in writing, signed by the chief executive officer of the board and the union, and accompanied by a statement from the board's chief executive officer that the agreement complied with the relevant statutory provisions. The court found that the application complied with the statutory requirements and approved the application. The court found that the agreement was fair and reasonable and did not unfairly discriminate against any employee or class of employees. The court also found that the agreement did not contravene any relevant statutory provisions.

The court approved the application for approval of the Finance Sector Union Enterprise Agreement 2019. The court ordered that the agreement be approved as a registered agreement under the Motor Accidents Act 1994. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission. The court further ordered that the agreement be published on the website of the Motor Accidents Insurance Board.

Motor Accidents Insurance Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established