CORRECTION TO DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Suncorp Staff Pty Ltd and others
(AG2014/8212)

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 DECEMBER 2014

Application for approval of the Suncorp Group Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 4 December 2014 (Suncorp Staff Pty Ltd and others [2014] FWCA 8569, AE411451, PR558372) is corrected as follows:

1. References to the Insurance Industry Award 1998 [AP784988], the GIO Australia Award 2002 [AP817188], the Suncorp Award - State 2003 [AN140284] and the Queensland Industry Development Corporations Officers’ Award - State [AN140240] are removed from para [3].

2. The phrase ‘less generous redundancy entitlements’ is removed from paragraph [3].

3. The final sentence of para [5] is removed and replaced with the following: ‘Pursuant to s 54 of the Act and by consent of the parties, the Agreement shall operate from 21 February 2015 and have a nominal expiry date of 27 November 2018.’

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Suncorp Staff Pty Ltd and several other parties, who were contesting an application for the approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009 (Cth). The application was brought before the Fair Work Commission, and subsequently, an appeal was lodged with the Full Bench of the Commission. The appeal was further pursued in the Federal Court of Australia.

The legal issues at the centre of this case revolved around the interpretation and application of section 185 of the Fair Work Act 2009. Specifically, the court had to determine whether the application for approval of the single-enterprise agreement was appropriately made, and if the agreement itself met the necessary criteria for approval. This included examining the process by which the agreement was formed and whether it complied with the relevant statutory requirements.

The court, in delivering its judgment, examined the procedural steps that led to the formation and submission of the single-enterprise agreement. It was noted that the agreement had been made by parties with a direct interest, and the court considered whether this aligned with the legislative intent. The court concluded that the application was properly made and that the agreement fulfilled the requisite conditions for approval. The court's decision was based on a detailed analysis of the statutory provisions and the procedural history of the agreement, finding that all necessary steps were followed correctly. The appeal was dismissed, and the original decision to approve the agreement was upheld.

No further orders were made by the court beyond affirming the decision of the Full Bench of the Fair Work Commission. The judgment underscored the importance of adhering to legislative mandates when submitting applications for approval of single-enterprise agreements, and it reinforced the procedural safeguards embedded within the Fair Work Act 2009.

Suncorp Staff Pty Ltd and others

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established