Resolution Life Services Australia Pty Ltd Summary

[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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Resolution Life Services Australia Pty Ltd, sought approval of the Enterprise Agreement 2023 from the Fair Work Commission. The respondents, including the Finance Sector, Manufacturing and Energy Union of Australia, opposed the application, raising concerns regarding the fairness and appropriateness of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue revolved around whether the agreement was procedurally and substantively fair. The respondents argued that the agreement did not adequately protect the employees' interests, particularly regarding remuneration and conditions. The applicants, on the other hand, maintained that the agreement was a product of genuine bargaining and was fair and appropriate. The Commission examined the bargaining process, the terms of the agreement, and whether the agreement met the criteria set out in the Fair Work Act.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the agreement was fair and appropriate. The Commission concluded that the bargaining process was genuine, and the terms of the agreement were reasonable in all respects. The Commission also noted that the agreement provided for fair and reasonable terms and conditions, including remuneration and other benefits, that were in line with industry standards. Accordingly, the application for approval of the Enterprise Agreement 2023 was approved.

The Commission's decision confirmed the approval of the Enterprise Agreement 2023, subject to the conditions specified in the order. The agreement was set to commence on a date agreed upon by the parties and would apply to the employees covered by the agreement. The decision highlighted the importance of genuine bargaining and the need for agreements to be fair and appropriate for both employers and employees.

Resolution Life Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established