| [2022] FWCA 2408 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MTAA Superannuation Fund (Secretariat Co.) Pty Limited T/A Spirit Super
(AG2022/2252)
Spirit Super Enterprise Agreement 2022 - 2025
| Banking finance and insurance industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 19 JULY 2022 |
Application for approval of the Spirit Super Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Spirit Super Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MTAA Superannuation Fund (Secretariat Co.) Pty Limited T/A Spirit Super. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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Annexure A
- AGLC
- MTAA Superannuation Fund (Secretariat Co.) Pty Limited T/A Spirit Super [2022] FWCA 2408
- Case
- [2022] FWCA 2408
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Commission involved whether the terms and conditions set out in the Enterprise Agreement were fair and appropriate, taking into account the criteria established by the Fair Work Act 2009. This included considerations of whether the agreement provided for fair and reasonable terms and conditions, and whether it took into account the needs of both the employees and the employer. The Commission also examined whether the agreement adequately reflected the principles of the Fair Work Act, including the need for genuine collective bargaining.
In reaching its decision, the Commission evaluated the submissions and evidence presented by both the applicants and the respondents. It considered the nature of the proposed changes to the terms and conditions, the process by which the agreement was negotiated, and the extent to which the agreement met the statutory requirements. The Commission found that the agreement was fair and appropriate, as it provided for terms and conditions that were reasonable and took into account the interests of both parties. The agreement was therefore approved.
The Fair Work Commission approved the Spirit Super Enterprise Agreement 2022-2025, recognising its compliance with the statutory requirements and its fairness and appropriateness. This decision provides clarity and legal certainty for both the applicants and the respondents, ensuring that the employment conditions are governed by an agreement that meets the standards set out in the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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