Retirement Benefits Fund Board

[2013] FWCA 4251

[2013] FWCA 4251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retirement Benefits Fund Board
(AG2013/6512)

RETIREMENT BENEFITS FUND STAFF AGREEMENT 2013 - 2016

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 1 JULY 2013

Application for approval of the Retirement Benefits Fund Staff Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Retirement Benefits Fund Staff Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Retirement Benefits Fund Board. The agreement is a single-enterprise agreement.

[2] Subject to some concerns that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Retirement Benefits Fund Board. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] In essence the undertaking means that an employee would not be paid less than the rate which would have been applicable for the hours worked under the award. However, I am satisfied that the agreement combined with the undertaking means that employees will be better off overall under the agreement.

[5] The CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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