Resolution Life Services Australia Pty Ltd

[2022] FWCA 3389

[2022] FWCA 3389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resolution Life Services Australia Pty Ltd

(AG2022/3816)

Resolution Life Services Australia Enterprise Agreement 2023

Banking finance and insurance industry
DEPUTY PRESIDENT BELL	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Resolution Life Services Australia Enterprise Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the Resolution Life Services Australia Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Resolution Life Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. 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 the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Finance Sector Union of Australia, 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.

1. The Agreement was approved on 30 September 2022 and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 1 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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Annexure A