DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superpartners Pty Ltd
(AG2016/5367)

SUPERPARTNERS ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Superpartners Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Superpartners Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superpartners Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 11 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Superpartners Pty Ltd, an Australian company, was involved in an application seeking approval of the Superpartners Enterprise Agreement 2016. The dispute arose as part of the company's efforts to implement a new enterprise agreement that would govern the working conditions and terms for its employees. The case was heard in the Fair Work Commission, which has jurisdiction over employment-related matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements of the Fair Work Act, including provisions related to the fairness and reasonableness of the terms. The Commission needed to consider if the agreement met the "better off overall test," which requires that employees are not disadvantaged by the agreement when compared to their previous conditions. Furthermore, the Commission had to examine if the agreement was free from any invalid provisions that could render it unenforceable.

In deliberating on these issues, the Commission evaluated the submissions from both Superpartners and the relevant union representatives. The Commission considered various aspects of the agreement, including wage rates, hours of work, leave provisions, and other employment conditions. It also examined whether the agreement was negotiated in good faith and if it provided adequate protections for employees. Ultimately, the Commission determined that the agreement met the necessary statutory requirements and was fair and reasonable. It was found to be compliant with the better off overall test and did not contain any invalid provisions. Therefore, the Commission approved the Superpartners Enterprise Agreement 2016.

Superpartners Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established