NIB Health Funds

[2013] FWCA 2058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NIB Health Funds
(AG2013/5322)

NIB HEALTH FUNDS LIMITED ENTERPRISE AGREEMENT - 2012

Banking finance and insurance industry
COMMISSIONER RIORDAN	SYDNEY, 5 APRIL 2013

Agreement approved nib health funds limited Enterprise Agreement - 2012 .

[1] An application has been made for approval of an enterprise agreement known as the NIB Health Funds Limited Enterprise Agreement - 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NIB Health Funds Limited (the applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The NSW local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Services Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 28 March 2013, which included further material in support of the application together with Undertakings made by and duly signed by the NIB Human Resources Support Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved NIB Health Funds Limited, an employer, and the Health Services Union of Australia, an employee representative. The dispute centred on the approval of an Enterprise Agreement proposed by NIB Health Funds Limited, which sought to regulate the terms and conditions of employment for its employees. The case was heard by the Fair Work Commission, which is tasked with overseeing and approving such agreements to ensure they meet the standards set by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement was in compliance with the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for a safety net of minimum entitlements and whether it was free from prohibited content. Additionally, the Commission had to assess whether the agreement had been genuinely negotiated and whether it adhered to the principles of the safety net and good faith bargaining.

In its decision, the Fair Work Commission found that the proposed Enterprise Agreement met the necessary statutory requirements. The Commission determined that the agreement provided for a safety net of minimum entitlements and did not include any prohibited content. It was also established that the agreement had been genuinely negotiated between the parties. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and reasonable under the Act. The Commission's approval ensured that the agreement would govern the employment conditions of NIB Health Funds Limited's employees, providing a clear framework for both the employer and employees.

As a result of the Commission's decision, the Enterprise Agreement was approved and came into effect on the date specified in the agreement. This outcome provided certainty for both the employer and employees, ensuring that the terms and conditions of employment were regulated by a legally binding agreement that met the statutory requirements. The Fair Work Commission's approval of the agreement underscored the importance of ensuring that enterprise agreements adhere to the principles of the Fair Work Act and are genuinely negotiated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established