One QSuper Pty Ltd T/A QSuper, QInvest, QInsure Summary

[2018] FWCA 7668

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

One QSuper Pty Ltd T/A QSuper, QInvest, QInsure

(AG2018/3422)

One qsuper enterprise agreement 2018

Banking finance and insurance industry
Commissioner Gregory	MELBOURNE, 18 DECEMBER 2018

Application for approval of the One QSuper Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the One QSuper Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by One QSuper Pty Ltd T/A QSuper, QInvest, QInsure. The Agreement is a single enterprise agreement.

The Employer 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

One QSuper Pty Ltd, trading as QSuper, QInvest, and QInsure, was before the Fair Work Commission in an application for the approval of the One QSuper Enterprise Agreement 2018. The application arose from negotiations between the company and its employees represented by the Finance Sector Union of Australia. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they met the legal standards set out in the Fair Work Act 2009.

The court was tasked with determining whether the proposed enterprise agreement provided a safety net for employees that met or exceeded the minimum standards of the National Employment Standards and the Fair Work Act. Key issues included the fairness of the proposed terms and conditions, the adequacy of the agreement in providing for the rights and obligations of both employers and employees, and whether the agreement had been genuinely bargained between the parties. The court also had to consider if the agreement provided for appropriate mechanisms for resolving disputes and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the One QSuper Enterprise Agreement 2018 did provide a safety net that met or exceeded the minimum standards. The agreement was deemed to be fairly negotiated, with appropriate mechanisms for resolving disputes and promoting cooperative workplace relations. The commission approved the agreement, noting that it contained provisions that were in the best interests of the employees, and it would likely contribute to a harmonious workplace. The approval was granted on the condition that the agreement was to be registered with the Fair Work Commission.

One QSuper Pty Ltd T/A QSuper, QInvest, QInsure

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established