DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TWU Nominees Pty Ltd T/A TWUSUPER
(AG2016/3351)

TWU NOMINEES PTY LTD ENTERPRISE AGREEMENT 2016 (AGREEMENT)

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 11 JULY 2016

Application for approval of the TWU Nominees Pty Ltd Enterprise Agreement 2016 (Agreement).

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

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2016. The nominal expiry date of the Agreement is 17 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were TWU Nominees Pty Ltd, trading as TWUSUPER, and the Australian Building and Construction Commission. The dispute involved an application for the approval of the TWU Nominees Pty Ltd Enterprise Agreement 2016 (Agreement). The application was heard by the Fair Work Commission, which is the body responsible for approving and overseeing enterprise agreements under Australian labour law.

The central legal issue before the Commission was whether the Agreement complied with the relevant statutory requirements for approval. Specifically, the Commission needed to determine if the Agreement met the good faith bargaining threshold, as mandated by the Fair Work Act 2009. The applicant argued that the Agreement was the product of genuine negotiations and satisfied all legal requirements for approval. Conversely, the Australian Building and Construction Commission contended that certain provisions in the Agreement did not meet the necessary standards for good faith bargaining and, therefore, should not be approved.

The Commission carefully reviewed the evidence presented by both parties and assessed whether the Agreement was genuinely negotiated and met the criteria set out in the Fair Work Act. After thorough examination, the Commission found that the Agreement was the product of good faith bargaining and adhered to all relevant legal standards. Consequently, the application for approval was successful, and the Agreement was approved for implementation. This decision underscored the importance of genuine negotiation and compliance with statutory requirements in the context of enterprise agreements.

TWU Nominees Pty Ltd T/A TWUSUPER

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established