DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community First Credit Union Ltd
(AG2017/1409)

COMMUNITY FIRST CREDIT UNION ENTERPRISE AGREEMENT (2017 - 2020)

Banking finance and insurance industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2017

Application for approval of the Community First Credit Union Enterprise Agreement (2017 - 2020).

[1] An application has been made for approval of an enterprise agreement known as the Community First Credit Union Enterprise Agreement (2017 - 2020) (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 June 2017 and, in accordance with s.54, will operate from 23 June 2017. The nominal expiry date of the Agreement is 16 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Community First Credit Union Limited, which sought approval for an enterprise agreement spanning from 2017 to 2020. The Fair Work Commission was the forum for this application, and the union involved was the Finance Sector Union of Australia. The primary dispute centred around the terms and conditions outlined in the proposed agreement, including aspects such as wages, working hours, and other employment-related provisions.

The legal issues before the Commission encompassed whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement met the criteria for being a "better off overall" measure, which required that the agreement be no less favourable to employees than the applicable award or existing enterprise agreement. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employees and the employer.

In rendering its decision, the Commission examined the submissions and evidence provided by both parties. It considered whether the proposed terms and conditions offered a fair and reasonable outcome for the employees, while also being practical and sustainable for the employer. The Commission concluded that the agreement met the necessary statutory requirements and approved it, finding that it provided a better off overall outcome for the employees and was fair and reasonable in all the circumstances. The Commission's decision was based on a detailed analysis of the economic and practical aspects of the proposed agreement, ensuring that it met the legal standards set out in the Fair Work Act 2009.

The Fair Work Commission approved the Community First Credit Union Enterprise Agreement for the period 2017 to 2020, finding it to be fair and reasonable and meeting the statutory requirements. The agreement was to come into effect from the date of the decision and would govern the employment terms and conditions of the employees covered by the agreement.

Community First 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