Community First Credit Union Limited

[2022] FWCA 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Community First Credit Union Limited

(AG2021/9241)

Community First Credit Union Enterprise Agreement (2021-2024)

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2022

Application for approval of the Community First Credit Union Enterprise Agreement (2021-2024).

An application has been made for approval of an enterprise agreement known as the Community First Credit Union Enterprise Agreement (2021-2024) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community First Credit Union Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Community First Credit Union Limited recently came before the Fair Work Commission to seek approval of its Enterprise Agreement (2021-2024). The dispute arose from negotiations between the credit union and its employees, represented by a union, over terms and conditions of employment. The Fair Work Commission was tasked with assessing whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved ensuring the agreement was not contrary to public policy, met the 'better off overall test', and adhered to procedural fairness. Specifically, the Commission needed to confirm that the agreement did not unfairly disadvantage employees, provided a fair overall benefit, and was negotiated in a manner compliant with relevant industrial relations laws.

In examining the agreement, the Commission found that it met all necessary criteria. The terms of the agreement were deemed to be fair and reasonable, offering overall benefits to employees. The negotiation process was transparent and followed legal requirements, and there were no indications that the agreement was contrary to public policy. Therefore, the Commission approved the Enterprise Agreement, finding it to be in accordance with the Fair Work Act.

The Commission's decision finalised the approval of the Community First Credit Union Enterprise Agreement (2021-2024), affirming its compliance with all relevant industrial relations laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established