NIB Health Funds Ltd Summary

[2021] FWCA 6883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NIB Health Funds Ltd
(AG2021/8075)

NIB HEALTH FUNDS LIMITED ENTERPRISE AGREEMENT - 2021

Banking finance and insurance industry
DEPUTY PRESIDENT EASTON	SYDNEY, 29 NOVEMBER 2021

Application for approval of the nib health funds limited Enterprise Agreement – 2021.

[1] NIB Health Funds Ltd (the Employer) has made an application for the approval of the nib health funds limited Enterprise Agreement – 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) was a bargaining representative for the Agreement and 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 ASU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 29 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by nib Health Funds Limited for the approval of its 2021 Enterprise Agreement. The dispute involved the terms and conditions of employment for the employees of nib Health Funds Limited, with the application seeking to validate the proposed changes to their workplace arrangements.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, fairly and appropriately reflected the bargaining positions of the parties, and complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement adequately addressed the health, safety, and welfare of the employees.

The Commission found that the proposed Enterprise Agreement met the necessary criteria under the Act. It was determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The agreement appropriately reflected the bargaining positions of the parties and complied with the relevant provisions of the Act. Furthermore, the agreement was found to adequately address the health, safety, and welfare of the employees. As such, the Commission approved the nib Health Funds Limited Enterprise Agreement – 2021.

As a result of the approval, the new Enterprise Agreement will now apply to the employees of nib Health Funds Limited, setting out their terms and conditions of employment for the specified period. The decision of the Commission provides clarity and certainty for both the employer and the employees, ensuring that their workplace arrangements are governed by a legally binding agreement.

NIB Health Funds Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established