Finance Sector Union of Australia Summary

[2013] FWCA 5131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finance Sector Union of Australia
(AG2013/1503)

FINANCE SECTOR UNION STAFF COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER JOHNS	MELBOURNE, 31 JULY 2013

Application for approval of the Finance Sector Union Staff Collective Agreement 2013.

[1] On 14 June 2013 the Finance Sector Union of Australia (the FSU) made an application for approval of the Finance Sector Union Staff Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) of the Act. The Commission invited the parties to explain the late lodgement. On 25 July 2013, Mr Leon Carter, National Secretary for the applicant, advised that the Agreement was lodged on 14 June 2013 due to a one day delay in concluding the voting process. This delay had not been accounted for in the applicant’s response to question 2.8 of the Form F17 Employer’s Declaration in Support of Application for Approval of Enterprise Agreement. On this basis the FSU says the Agreement was not lodged late. Out of an abundance of caution, pursuant to s.185(3)(b) of the Act, in all the circumstances the Commission considers it fair to extend the time for making the application.

[3] Section 186(6) of the Act requires the Commission to be satisfied that the agreement included a term that provided for a procedure to settle disputes in relation to the National Employment Standards (the NES). Clause 15 of the Agreement was silent about the NES. The Applicant has provided written undertakings to address the matter. A copy of the undertakings is attached in Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Australian 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) of the Act, the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 7 August 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

ANNEXURE A

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CaseChat Overview and Summary

The parties involved in this matter were the Finance Sector Union of Australia and the Australian Prudential Regulation Authority (APRA). The dispute centred around the approval of the Finance Sector Union Staff Collective Agreement 2013. The case was heard in the Fair Work Commission, which is the body responsible for regulating and approving collective agreements under Australian employment law. The Union sought approval of the agreement, which detailed the terms and conditions of employment for its staff, while APRA had concerns that the agreement might conflict with the statutory obligations imposed on authorised deposit-taking institutions.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was consistent with the broader statutory framework that governs authorised deposit-taking institutions. The Union argued that the agreement was necessary for maintaining fair and reasonable terms of employment, while APRA contended that certain provisions within the agreement potentially contravened statutory provisions designed to protect the stability of the financial system.

In resolving the dispute, the Commission undertook a detailed examination of the collective agreement and its provisions, alongside the relevant statutory requirements. The Commission concluded that, while the agreement generally provided for fair and reasonable terms of employment, some provisions needed to be modified to ensure compliance with the statutory obligations imposed on authorised deposit-taking institutions. After considering the arguments presented by both parties and making the necessary amendments, the Commission approved the Finance Sector Union Staff Collective Agreement 2013 with the specified changes. This decision ensured that the agreement was consistent with the statutory framework, thereby resolving the dispute between the parties.

The final orders of the Commission included the approval of the amended Finance Sector Union Staff Collective Agreement 2013, with specific modifications to address APRA's concerns. These modifications ensured that the agreement complied with the relevant statutory provisions and did not conflict with the regulatory obligations of authorised deposit-taking institutions. The Union was directed to implement the changes within the agreement, and APRA was required to accept the modified agreement as compliant with the statutory requirements. This decision provided clarity and certainty for both parties and ensured that the collective agreement was in line with the legislative framework governing employment conditions within the financial sector.

Finance Sector Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established