DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MTAA Superannuation Fund (Secretariat Co) Pty Ltd T/A MTAA Superannuation Fund
(AG2018/4591)

MTAA SUPER ENTERPRISE AGREEMENT 2018 - 2021

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the MTAA Super Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the MTAA Super Enterprise Agreement 2018 - 2021 (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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 25 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The MTAA Superannuation Fund (Secretariat Co) Pty Ltd T/A MTAA Superannuation Fund applied to the Fair Work Commission for approval of the MTAA Super Enterprise Agreement 2018 - 2021. The dispute centred on the validity and fairness of the proposed agreement, which aimed to govern the terms and conditions of employment for the employees within the fund. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. The MTAA Superannuation Fund argued that the agreement was the result of genuine negotiations and provided fair terms for its employees. Conversely, the opposition contended that certain clauses in the agreement were unfair and not genuinely negotiated.

The Fair Work Commission carefully examined the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and that it contained terms and conditions that were fair and reasonable. The Commission took into account the complexity of the negotiations, the fairness of the proposed terms, and the overall compliance with the Act. Based on this analysis, the Commission approved the MTAA Super Enterprise Agreement 2018 - 2021, finding that it met the necessary legal standards for approval.

The Commission's decision underscored the importance of genuine negotiations and the need for fair terms in enterprise agreements. The approval of the agreement allows the MTAA Superannuation Fund to proceed with the implementation of the new terms and conditions for its employees, subject to the provisions of the Fair Work Act.

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