Queensland Teachers Union Health Fund Limited T/A TUH Health Fund Summary

[2021] FWCA 6419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Teachers Union Health Fund Limited T/A TUH Health Fund
(AG2021/7769)

THE QUEENSLAND TEACHERS UNION HEALTH FUND - ENTERPRISE AGREEMENT 2021-2024.

Banking finance and insurance industry
COMMISSIONER HUNT	BRISBANE, 26 OCTOBER 2021

Application for approval of The Queensland Teachers Union Health Fund - Enterprise Agreement 2021-2024.

[1] Queensland Teachers Union Health Fund Limited T/A TUH Health Fund (the Employer) has applied for approval of an enterprise agreement known as The Queensland Teachers Union Health Fund - Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received from the UWU or ASU.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU 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) of the Act I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved The Queensland Teachers Union Health Fund Limited, trading as TUH Health Fund, which applied to the Fair Work Commission for the approval of its Enterprise Agreement 2021-2024. The application arose from negotiations between the union and the employer concerning terms and conditions of employment for the fund's employees. The dispute centred on whether the proposed terms and conditions were fair and reasonable, and if they complied with the requirements of the Fair Work Act 2009.

The legal issues before the court included whether the agreement adequately provided for the employees' minimum entitlements as stipulated by the Act, whether it allowed for fair and flexible work arrangements, and if it complied with the relevant provisions of the Act. The court also had to determine if the agreement adequately addressed the interests of both the employees and the employer, and whether it was consistent with the principles of enterprise bargaining.

The Fair Work Commission found that the proposed Enterprise Agreement was fair and reasonable, meeting all statutory requirements. The agreement provided for minimum entitlements that were at least on par with those stipulated in the relevant awards, and it allowed for flexibility in work arrangements. The commission also noted that the agreement adequately balanced the interests of both the employees and the employer. Consequently, the court approved the Enterprise Agreement 2021-2024.

No specific final orders were outlined in the text, but it is likely that the approval of the Enterprise Agreement would come into effect as per its terms, providing a binding framework for the employment conditions of the employees of The Queensland Teachers Union Health Fund for the specified period.

Queensland Teachers Union Health Fund Limited T/A TUH Health Fund

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established