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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Finance Sector Union of Australia, the applicant, sought approval of the Finance Sector Union Staff Collective Agreement 2019 before the Fair Work Commission. The dispute arose over the terms and conditions of employment for the union's staff, which were set out in the proposed agreement. The union contended that the agreement was necessary to ensure fair and reasonable terms of employment, while some parties challenged the proposed conditions.

The central legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable and if the process followed in reaching the agreement was compliant with relevant industrial laws. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the union and its staff.

In its decision, the Commission thoroughly examined the terms of the proposed agreement, considering various factors such as industry standards, economic conditions, and the specific circumstances of the union and its staff. The Commission found that the proposed agreement was fair and reasonable and that the process used to reach the agreement was appropriate. The Commission emphasised the importance of ensuring that the terms of the agreement were not overly favourable to either party and that the agreement was in line with broader industrial and economic considerations.

As a result of the Commission's decision, the Finance Sector Union Staff Collective Agreement 2019 was approved. The union and its staff were bound by the terms of the agreement, which established the conditions of their employment for the specified period.

Finance Sector Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established