DECISION

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

Queensland Teachers’ Union Health Fund Limited T/A TUH Health Fund
(AG2017/3996)

QUEENSLAND TEACHERS UNION HEALTH FUND - ENTERPRISE AGREEMENT 2017 - 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Queensland Teachers Union Health Fund - Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Teachers Union Health Fund - Enterprise Agreement 2017 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Teachers’ Union Health Fund Limited T/A TUH Health Fund. 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] The Australia Municipal, Administrative, Clerical and Services Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Queensland Teachers' Union Health Fund Limited, trading as TUH Health Fund, sought approval of the Queensland Teachers Union Health Fund - Enterprise Agreement 2017 - 2020. The application was heard by the Fair Work Commission, which was required to consider the agreement under the Fair Work Act 2009. The respondent, Australian Health Insurance Industry Association, argued that the agreement should not be approved as it did not meet certain criteria under the Act.

The primary legal issue before the Commission was whether the agreement met the requirements of section 235 of the Act, which sets out the criteria for approval of an enterprise agreement. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement, whether it was free from prohibited content, and whether it provided for the appropriate bargaining and dispute resolution processes. The respondent also argued that the agreement should not be approved because it did not meet the "better off overall test" under section 173 of the Act.

In considering these issues, the Commission found that the agreement was a genuine enterprise agreement and was free from prohibited content. The Commission also found that the agreement provided for appropriate bargaining and dispute resolution processes. However, the Commission found that the agreement did not meet the "better off overall test" as it did not provide for a sufficient increase in remuneration for some employees. As a result, the Commission did not approve the agreement.

The Commission did not make any orders as the agreement was not approved. The matter may now be taken on review to the Federal Court.

Queensland Teachers’ Union Health Fund Limited T/A TUH Health Fund

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established