DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Alliance Credit Union Ltd
(AG2016/6906)

COMMUNITY ALLIANCE CREDIT UNION LTD COLLECTIVE AGREEMENT

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Community Alliance Credit Union Ltd Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Community Alliance Credit Union Ltd Collective Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Alliance Credit Union Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Community Alliance Credit Union Limited, sought approval of their proposed collective agreement for the period 2016 to 2019. The respondents, represented by the Finance Sector Union of Australia, argued that the proposed agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, an independent statutory body established to regulate the terms and conditions of employment in Australia.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory provisions outlined in the Fair Work Act, particularly sections that pertain to the rights and obligations of employees and employers. The Commission had to assess if the agreement provided adequate protections for employees, including provisions on wages, working hours, leave, and other employment conditions, while also ensuring that it did not unfairly restrict the operational flexibility of the employer.

In its decision, the Fair Work Commission found that the proposed agreement met the legislative requirements for approval. The Commission noted that the agreement contained provisions that ensured employees received fair wages, reasonable working hours, and adequate leave entitlements. Additionally, the agreement included mechanisms for resolving disputes and provisions that protected the interests of both employees and the employer. The Commission concluded that the proposed agreement provided a balanced framework that complied with the statutory requirements, and therefore granted approval for the Community Alliance Credit Union Limited Collective Agreement 2016-2019.

The Fair Work Commission's decision included orders approving the proposed agreement, which would now be binding on the parties for the specified period. The Commission emphasised the importance of collective bargaining in achieving fair and equitable employment conditions, and noted that the approved agreement reflected a fair and reasonable outcome for both employees and the employer. The decision underscored the role of the Commission in ensuring that collective agreements meet the statutory standards designed to protect the interests of employees while allowing employers to operate effectively.

Community Alliance Credit Union Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established