Australian Central Credit Union Ltd T/A People's Choice Credit Union Summary

[2022] FWCA 3702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4224)

Peoples Choice Enterprise Agreement 2022

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 24 OCTOBER 2022

Application for approval of the People’s Choice Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the People’s Choice Enterprise Agreement 2022 (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.

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. The undertakings are taken to be a term of 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Central Credit Union Limited, trading as the People's Choice Credit Union, sought approval of the People’s Choice Enterprise Agreement 2022. The Fair Work Commission was asked to determine whether the agreement was in the public interest. The matter was heard by Commissioner A. D. Bennett. The key issues before the court were whether the agreement met the statutory requirements for approval and whether it was in the public interest. The agreement included provisions on remuneration, hours of work, leave, and other employment conditions for credit union employees. The credit union argued that the agreement would promote productivity and efficiency, while the union contended that it would lead to unfair terms and conditions.

The court considered the statutory criteria for approval under the Fair Work Act 2009. It examined whether the agreement would have a detrimental effect on the economy, would protect vulnerable employees, and whether it was free from coercion and undue influence. The court also weighed the views of the parties and any relevant stakeholders. Ultimately, the court found that the agreement did not contain any terms that were unfair or detrimental to employees. It concluded that the agreement promoted a productive and harmonious workplace, and was therefore in the public interest. The court approved the agreement on the basis that it met all the statutory requirements and would not have a detrimental effect on the economy or employees.

In summary, the Fair Work Commission approved the People's Choice Enterprise Agreement 2022, finding that it met the statutory criteria for approval and was in the public interest. The agreement was found to promote a productive and harmonious workplace and did not contain any terms that were unfair or detrimental to employees. The court's approval of the agreement will ensure that the credit union can continue to operate efficiently while maintaining fair and reasonable employment conditions for its employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established