DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Motor Accidents Insurance Board T/A MAIB
(AG2018/657)

MOTOR ACCIDENTS INSURANCE BOARD & FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 22 MAY 2018

Application for approval of the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2017 (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 T/A MAIB. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Motor Accidents Insurance Board applied for approval of the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2017. The application was made under section 230 of the Fair Work Act 2009. The respondent, the Finance Sector Union of Australia, did not oppose the application. The agreement sought to govern the employment terms and conditions of certain employees of the Board.

The legal issues before the Commission were whether the agreement was a lawful agreement, whether it was appropriate to make the order sought by the Board, and whether the agreement met the ‘better off overall test’. The Commission considered whether the agreement complied with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission also examined the impact of the agreement on the employees and whether it provided for a better outcome for them overall.

The Commission found that the agreement was a lawful agreement that met the requirements of the Fair Work Act. The Commission considered the submissions made by the parties and the evidence presented. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was appropriate to make the order sought by the Board. The Commission also found that the agreement met the ‘better off overall test’ as it provided for a better outcome for the employees overall. The Commission approved the agreement and made the order sought by the Board.

The Commission approved the Motor Accidents Insurance Board & Finance Sector Union Enterprise Agreement 2017 and made the order sought by the Board. The approval is effective from the date of the Commission’s decision. The agreement will now govern the employment terms and conditions of the employees covered by the agreement. The Finance Sector Union of Australia is bound by the agreement and must comply with its terms and conditions. The Motor Accidents Insurance Board is also bound by the agreement and must comply with its terms and conditions.

Motor Accidents Insurance Board T/A MAIB

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established