DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finance Sector Union of Australia
(AG2017/2108)

FINANCE SECTOR UNION STAFF COLLECTIVE AGREEMENT 2016

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 7 JULY 2017

Application for approval of the Finance Sector Union Staff Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Finance Sector Union Staff Collective Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 14 July 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Finance Sector Union of Australia for the approval of the Finance Sector Union Staff Collective Agreement 2016. This agreement sought to establish terms and conditions of employment for staff within the finance sector, addressing various aspects including remuneration, working hours, and dispute resolution mechanisms. The Commission was tasked with ensuring that the agreement met the statutory requirements under the Fair Work Act 2009, particularly with respect to its alignment with the Fair Work Act's objectives and the absence of any provisions that might undermine employee rights or protections.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it provided for a fair and equitable outcome for the employees it covered. Specifically, the Commission examined whether the agreement contained provisions that could be considered contrary to the objectives of the Act, including those relating to minimum entitlements, the protection of employees' rights, and the facilitation of fair and constructive workplace relations. The Commission also considered whether the agreement adequately provided for dispute resolution mechanisms that were accessible and effective.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement against the statutory framework provided by the Fair Work Act. The Commission found that the agreement contained several provisions that were consistent with the Act's objectives, particularly those that provided for fair remuneration and reasonable working conditions. However, certain clauses were identified as potentially undermining employee protections, such as those that could allow for variations to minimum entitlements without adequate justification. After considering submissions from both parties and relevant legal principles, the Commission determined that the agreement, while generally compliant, required amendments to ensure full conformity with the Fair Work Act. The Commission approved the agreement subject to certain modifications that addressed these concerns.

The final orders of the Commission included the approval of the Finance Sector Union Staff Collective Agreement 2016, contingent upon the implementation of specified amendments. These amendments were designed to ensure that the agreement fully complied with the Fair Work Act, protecting employee rights and maintaining equitable workplace relations. The approved agreement would then operate as a legally binding contract between the union and the employers covered by its terms.

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