Retirement Benefits Fund Board

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Retirement Benefits Fund Board applied for approval of the Retirement Benefits Fund Staff Agreement 2013-2016. The application was made to the Federal Circuit and Family Court of Australia. The matter arose out of a dispute concerning the terms and conditions of employment for staff within the Retirement Benefits Fund.

The court was required to determine whether the proposed agreement was consistent with the relevant legislation and whether it provided appropriate protections for the employees. The legal issues included the enforceability of the agreement, the adequacy of the provisions regarding wages, hours of work, and other employment conditions, and whether the agreement complied with the relevant statutory requirements.

The court examined the agreement in detail, considering the arguments presented by both parties. It assessed whether the agreement met the necessary standards for approval, taking into account the rights and interests of the employees. Ultimately, the court found that the agreement was fair and reasonable and complied with the relevant legislative provisions. The court approved the Retirement Benefits Fund Staff Agreement 2013-2016, subject to certain conditions and modifications.

The court's final orders included the approval of the agreement with the specified conditions and modifications, ensuring that the rights and interests of the employees were adequately protected. The decision provided clarity and guidance for the parties involved, facilitating the implementation of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established