DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redundancy Payment Central Fund Ltd T/A Incolink
(AG2018/6727)

REDUNDANCY PAYMENT CENTRAL FUND LIMITED (INCOLINK) AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 JUNE 2019

Application for approval of the Redundancy Payment Central Fund Limited (Incolink) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Redundancy Payment Central Fund Limited (Incolink) Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Redundancy Payment Central Fund Ltd T/A Incolink (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Redundancy Payment Central Fund Limited (Incolink) sought approval of an enterprise agreement from the Fair Work Commission. The agreement proposed terms and conditions of employment for certain employees, including provisions for redundancy payments. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms, and if it complied with the requirements of the Act, particularly in relation to redundancy payments.

The Commission examined the agreement's provisions for redundancy payments, considering whether they were fair and reasonable and complied with the Act. The Court noted that the agreement provided for redundancy payments based on the employees' length of service and salary, which aligned with the general principles of fairness. The Court also considered whether the agreement met the requirement of being in writing and having been negotiated in good faith. The Commission found that the agreement was properly negotiated and in writing, and that the terms for redundancy payments were fair and reasonable.

Based on its findings, the Commission approved the Redundancy Payment Central Fund Limited (Incolink) Agreement 2018. The Court determined that the agreement met all necessary criteria for approval under the Fair Work Act 2009. The agreement was found to be fair and reasonable, properly negotiated, and in writing. The Court's approval of the agreement ensures that the terms and conditions of employment, including redundancy payments, are legally compliant and provide for fair treatment of the employees.

Redundancy Payment Central Fund Ltd T/A Incolink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established