| [2018] FWCA 2659 |
| FAIR WORK COMMISSION |
| correction to decision |
Fair Work Act 2009
s.185—Enterprise agreement
Coolalinga & Districts Community Financial Ltd
(AG2017/5188)
Coolalinga & Districts Community Bank Enterprise Agreement 2017
| Northern Territory | |
| Deputy President Colman | MELBOURNE, 11 JULY 2018 |
Application for approval of the Coolalinga & Districts Community Bank Enterprise Agreement 2017.
The decision issued by the Fair Work Commission on 11 May 2018 [[2018] FWCA 2659, AE428317 PR607015] is corrected as follows:
A. By deleting the operative date ’18 May 2021’ appearing in paragraph 6 and replacing it with ’18 May 2018’.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE428317 PR608920>
- AGLC
- Coolalinga & Districts Community Financial Ltd [2018] FWCA 2659
- Case
- [2018] FWCA 2659
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandated terms and conditions, whether it was fairly and properly negotiated, and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to determine whether the agreement would lead to improved efficiency, productivity, and profitability within a fair and balanced context.
The Deputy President found that the enterprise agreement was compliant with the Act. It was determined that the agreement was fairly and properly negotiated and contained all the necessary mandated terms and conditions. The proposed changes to the employees' terms and conditions were deemed to be fair and balanced, contributing to improved efficiency, productivity, and profitability. The agreement also provided for appropriate dispute resolution mechanisms. Consequently, the Deputy President approved the enterprise agreement, with the correction to the operative date from 18 May 2021 to 18 May 2018.
The final orders of the Commission were that the Coolalinga & Districts Community Bank Enterprise Agreement 2017 be approved with the correction to the operative date. This decision ensured that the agreement would come into effect on the specified date, allowing for the formalisation of the terms and conditions of employment for the bank’s employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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