Finance Sector Union of Australia

[2020] FWCA 1871

[2020] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finance Sector Union of Australia
(AG2020/625)

FINANCE SECTOR UNION STAFF COLLECTIVE AGREEMENT 2019

Clerical industry
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2020

Application for approval of the Finance Sector Union Staff Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Finance Sector Union Staff Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finance Sector Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12.7 – Unpaid leave;

•  Clause 35 – Long Service leave;

•  Clause 48 – Public Holidays

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A