DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Firefighters & Affiliates Credit Co-operative Limited T/A Firefighters Credit Union
(AG2018/1068)

FIREFIGHTERS AND AFFILIATES CREDIT CO-OPERATIVE LIMITED/ FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2016-2018

Banking finance and insurance industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2018

Application for variation of the Firefighters and Affiliates Credit Co-operative Limited/Finance Sector Union Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Firefighters and Affiliates Credit Co-operative Limited/Finance Sector Union Enterprise Agreement 2016-2018 (the Agreement). The application was made by Firefighters & Affiliates Credit Co-operative Limited T/A Firefighters Credit Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 2 December 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 29 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Firefighters & Affiliates Credit Co-operative Limited, trading as Firefighters Credit Union, applied to the Fair Work Commission for a variation of the Firefighters and Affiliates Credit Co-operative Limited/Finance Sector Union Enterprise Agreement 2016-2018. The dispute centred on changes to the remuneration and conditions of employment for the credit union's employees. The Commission had to determine whether the proposed changes were necessary to maintain the financial stability and competitiveness of the credit union within the industry.

The legal issues before the Commission involved assessing whether the changes were fair and reasonable, taking into account the economic circumstances of the credit union and its employees. The Commission also had to consider whether the proposed changes were consistent with the objects of the Fair Work Act 2009. The applicant argued that the changes were essential to adapt to the financial pressures and technological advancements in the credit union sector. The respondent, the Finance Sector Union, contended that the changes would negatively impact the employees' job security and working conditions.

After evaluating the evidence and submissions from both parties, the Commission found that the proposed changes were necessary to ensure the credit union's viability and competitiveness. The Commission determined that the changes were fair and reasonable, considering the economic context and the need to maintain the credit union's financial stability. The Commission also concluded that the changes did not undermine the objects of the Fair Work Act. Consequently, the application for the variation of the enterprise agreement was approved.

The final orders included the variation of the enterprise agreement to reflect the new remuneration and conditions of employment for the credit union's employees. The changes included adjustments to salary scales, leave entitlements, and other employment terms. The new agreement also incorporated provisions to protect employee job security and to facilitate the transition to the new conditions.

Firefighters & Affiliates Credit Co-operative Limited T/A Firefighters Credit Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established