DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MTAA Superannuation Fund (Secretariat Co) Pty Ltd t/a MTAA Superannuation Fund
(AG2015/5684)

MTAA SUPER ENTERPRISE AGREEMENT 2015- 2018

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the MTAA Super Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the MTAA Super Enterprise Agreement 2015-2018 (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 Ltd t/a MTAA Superannuation Fund. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[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 was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 20 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

The MTAA Superannuation Fund (Secretariat Co) Pty Ltd t/a MTAA Superannuation Fund applied to the Fair Work Commission for the approval of the MTAA Super Enterprise Agreement 2015-2018. The applicant sought the agreement to be approved without a vote, and the Australian Council of Trade Unions and the Australian Services Union intervened in the application. The application was concerned with the terms and conditions of employment for the employees of the MTAA Superannuation Fund, including their wages, hours of work, and other employment-related matters.

The central legal issue before the Commission was whether the MTAA Super Enterprise Agreement 2015-2018 met the requirements of section 233 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The Commission had to consider whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it was consistent with the national system of industrial determination.

The Fair Work Commission found that the MTAA Super Enterprise Agreement 2015-2018 met the requirements of section 233 of the Fair Work Act 2009. The Commission considered that the agreement provided for the fair and efficient determination of terms and conditions of employment and was consistent with the national system of industrial determination. The Commission also noted that the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission approved the agreement without a vote.

The Fair Work Commission approved the MTAA Super Enterprise Agreement 2015-2018, effective from 1 July 2015. The agreement sets out the terms and conditions of employment for the employees of the MTAA Superannuation Fund, including their wages, hours of work, and other employment-related matters. The approval of the agreement ensures that the employees of the MTAA Superannuation Fund have a fair and effective enterprise agreement that meets the requirements of the Fair Work Act 2009.

MTAA Superannuation Fund (Secretariat Co) Pty Ltd t/a MTAA Superannuation Fund

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established