DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dandenong Ranges Community Finance Limited
(AG2018/799)

DANDENONG RANGES COMMUNITY FINANCE LIMITED ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2018

Application for approval of the Dandenong Ranges Community Finance Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dandenong Ranges Community Finance Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dandenong Ranges Community Finance Limited. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 24 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Dandenong Ranges Community Finance Limited, which applied for the approval of the Dandenong Ranges Community Finance Limited Enterprise Agreement 2017. The dispute arose from negotiations between the employer and the trade union representing the employees. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for minimum terms and conditions, and whether the agreement had been made in good faith and without coercion. The Commission also needed to consider whether the agreement contained appropriate dispute resolution processes and whether the agreement was free from any unlawful content. These considerations were essential to ensure that the agreement was fair and equitable for all parties involved.

The Commission found that the agreement satisfied the necessary legal criteria for approval. It provided for minimum terms and conditions, including provisions for wages, leave, and other employment-related matters. The Commission was satisfied that the agreement had been made in good faith and without coercion, as evidenced by the extensive negotiation process between the parties. Furthermore, the agreement contained appropriate dispute resolution processes, including mechanisms for addressing disputes between the employer and employees. The Commission was also satisfied that the agreement was free from any unlawful content and did not contravene any relevant legislation.

Accordingly, the Commission approved the Dandenong Ranges Community Finance Limited Enterprise Agreement 2017. The approval of the agreement ensures that the employees of Dandenong Ranges Community Finance Limited will have a fair and equitable employment arrangement that meets the legal requirements set out in the Fair Work Act 2009.

Dandenong Ranges Community Finance Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established