DECISION

Fair Work Act 2009
s.185—Enterprise agreement

nib health funds limited
(AG2017/229)

NIB HEALTH FUNDS LIMITED ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the nib health funds limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the nib health funds limited Enterprise Agreement 2015 (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 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] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved nib Health Funds Limited and its employees. The dispute centred on the application for the approval of the nib Health Funds Limited Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The employees argued that the proposed agreement did not adequately address certain issues, including pay rates, conditions of employment, and other relevant matters.

The legal issues the court had to decide included whether the agreement provided for the proper minimum rates of pay, entitlements, and conditions of employment, and whether it complied with the good faith bargaining requirements under the Fair Work Act. The Commission also needed to determine if the agreement was made in good faith and whether it met the other statutory requirements for approval.

In delivering the decision, the Commission examined the evidence and submissions provided by both parties. The court concluded that the agreement met the necessary criteria for approval. It found that the agreement provided for proper minimum rates of pay and conditions of employment, and that it was made in good faith. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act, and approved the Enterprise Agreement 2015. The decision was made in favour of nib Health Funds Limited, allowing the agreement to proceed as intended.

nib health funds limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established