VicSuper Pty Ltd T/A VicSuper

[2018] FWCA 7332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VicSuper Pty Ltd T/A VicSuper

(AG2018/3864)

VICSUPER ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the VicSuper Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the VicSuper Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VicSuper Pty Ltd T/A VicSuper. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The CPSU, the Community and Public Sector Union 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.

The Agreement lodged as part of the application for approval contained an error at page 5. On 16 November 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 5. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VicSuper Pty Ltd, trading as VicSuper, filed an application for the approval of the VicSuper Enterprise Agreement 2017 before the Fair Work Commission. The application sought the Commission's approval of the agreement, which aimed to establish the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The decision hinged on whether the agreement was sufficiently in the interests of the employees and whether it complied with the procedural and substantive provisions of the Act.

The central legal issues the Commission had to address were whether the agreement was made in good faith, whether it included genuine bargaining between the parties, and whether it met the minimum entitlements required by the Act. Additionally, the Commission considered whether the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Act. The Commission had to scrutinise the bargaining process and the content of the agreement to ensure that it aligned with the legislative framework.

In its decision, the Commission found that the agreement was made in good faith and that there was genuine bargaining between VicSuper and the employees. The Commission determined that the agreement provided fair and reasonable terms and conditions of employment and met all the necessary procedural and substantive requirements of the Act. The Commission approved the VicSuper Enterprise Agreement 2017, emphasising that it was in the interests of the employees and complied with all legal standards. The approval was based on the evidence presented and the comprehensive assessment of the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established