DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Central Credit Union Ltd T/A People’s Choice Credit Union
(AG2017/3672)

PEOPLE’S CHOICE ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the People’s Choice Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the People’s Choice 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 Australian Central Credit Union Ltd t/a People’s Choice Credit Union. 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 Australian Municipal, Administrative, Clerical and Services 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Central Credit Union Limited, trading as People’s Choice Credit Union, applied for approval of the People’s Choice Enterprise Agreement 2017. The dispute involved the application's compliance with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was required to determine whether the agreement met the statutory requirements, particularly focusing on whether the agreement was made in good faith and whether it contained the mandated minimum entitlements for employees.

The primary legal issue before the Commission was whether the agreement was made in good faith and whether it provided the mandated minimum entitlements as required by the legislation. The applicant argued that the agreement was negotiated in good faith and that it contained all the necessary minimum terms and conditions. The Commission considered the process of negotiation, the content of the agreement, and whether it complied with the statutory minimum standards.

The Commission found that the agreement was made in good faith and that it contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The Commission was satisfied that the process of negotiation was fair and that the agreement met the statutory requirements. Consequently, the Commission approved the People’s Choice Enterprise Agreement 2017.

The Fair Work Commission approved the People’s Choice Enterprise Agreement 2017, finding that it was made in good faith and contained the mandated minimum entitlements. This approval is effective from the date of the decision and is applicable to the relevant employees of the Australian Central Credit Union Limited, trading as People’s Choice Credit Union.

Australian Central Credit Union Ltd T/A People’s Choice Credit Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established