Firefighters & Affiliates Credit Co-operative Ltd

[2016] FWCA 8637
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Firefighters & Affiliates Credit Co-operative Ltd
(AG2016/5844)
FIREFIGHTERS AND AFFILIATES CREDIT CO-OPERATIVE
LIMITED/ FINANCE SECTOR UNION ENTERPRISE AGREEMENT
2016-2018
Banking finance and insurance industry

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 DECEMBER 2016
Application for approval 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 an enterprise agreement known as the

Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise
Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the
Fair Work Act 2009 (the Act). It has been made by Firefighters & Affiliates Credit Co-
operative Ltd. The agreement is a single enterprise agreement.
[2] The Applicant 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.
[3] Subject to the undertakings referred to above, and on the basis of the material

contained in the application and accompanying statutory declaration, 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] The Finance Sector Union of Australia 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) and based on the statutory declaration provided by the organisation,
I note that the Agreement covers the organisation.
[2016] FWCA 8637
[5] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will

operate from 9 December 2016. The nominal expiry date of the Agreement is 31 December
2018.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

[2016] FWCA 8637

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Firefighters & Affiliates Credit Co-operative Ltd and the Finance Sector Union. The application was made under section 185 of the Fair Work Act 2009, and the agreement in question is the Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise Agreement 2016-2018. The dispute revolves around whether the enterprise agreement complies with the statutory requirements for approval as stipulated in the Act.

The legal issues that the court had to address included whether the agreement met the criteria set out in sections 186, 187, 188, and 190 of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was made in good faith, whether it provided for the terms and conditions of employment, whether it was fair and reasonable, and whether it complied with other relevant provisions of the Act. Additionally, the court had to consider whether the agreement adequately protected the interests of the employees and if the written undertakings provided by the applicant would not result in financial detriment to the employees or substantial changes to the agreement.

The court found that the agreement met all the statutory requirements for approval. The Deputy President was satisfied that the written undertakings provided by the applicant would not cause financial detriment to the employees or result in substantial changes to the agreement. The court also noted that the Finance Sector Union, as a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it. Based on the material provided in the application and the statutory declaration, the court was satisfied that each of the requirements relevant to the application for approval had been met.

The Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise Agreement 2016-2018 was approved by the Deputy President on 2 December 2016. The agreement will operate from 9 December 2016 and will have a nominal expiry date of 31 December 2018. The court's decision to approve the agreement ensures that the terms and conditions of employment are adequately protected for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established