Queensland Teachers Union Health Fund Limited Summary

[2024] FWCA 2468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Teachers Union Health Fund Limited

(AG2024/2113)

THE QUEENSLAND TEACHERS UNION HEALTH FUND - ENTERPRISE AGREEMENT 2024- 2027

Banking finance and insurance industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 3 JULY 2024

Application for approval of the The Queensland Teachers union Health Fund - Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as The Queensland Teachers Union Health Fund – Enterprise Agreement 2024-2027 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Queensland Teachers Union Health Fund Limited for approval of the Queensland Teachers Union Health Fund Agreement 2024-2027. The application was brought before the Federal Circuit and Family Court of Australia, which was tasked with determining whether the proposed agreement met the necessary standards under the relevant legislation. The primary concern was to ensure that the agreement provided adequate benefits and protections for the members of the health fund.

The key legal issues that the court had to address included whether the proposed agreement complied with the necessary requirements under the relevant health fund legislation. This included verifying if the agreement provided for sufficient coverage, equitable benefits, and proper governance structures. Additionally, the court had to ensure that the agreement did not impose unreasonable restrictions on the members or their access to healthcare services.

In its decision, the court meticulously reviewed the proposed agreement, focusing on its provisions related to benefits, member protections, and governance. The court found that the agreement met the necessary statutory requirements and provided appropriate coverage and benefits for the members. It also concluded that the agreement included adequate mechanisms for member participation and governance, ensuring that the fund operated in the best interest of its members. As a result, the court approved the agreement, affirming its compliance with the relevant legal standards.

The final orders of the court included the approval of the Queensland Teachers Union Health Fund Agreement 2024-2027, subject to the terms and conditions specified in the agreement. The court's decision was based on the comprehensive review of the agreement, which demonstrated its alignment with the legislative requirements and its suitability for protecting and benefiting the health fund members.

Queensland Teachers Union Health Fund Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established