DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firefighters and Affiliates Credit Co-operative Ltd T/A Firefighters Credit Co-operative
(AG2019/1827)

FIREFIGHTERS AND AFFILIATES CREDIT CO-OPERATIVE LIMITED/FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2019-2021

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the Firefighters and Affiliates Credit Co-Operative Limited/Finance Sector Union Enterprise Agreement 2019-2021.

[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 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Firefighters and Affiliates Credit Co-operative Ltd T/A Firefighters Credit Co-operative. 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.

[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] 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) 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 5 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Firefighters and Affiliates Credit Co-operative Limited (the employer) applied for approval of the Firefighters and Affiliates Credit Co-operative Limited/Finance Sector Union Enterprise Agreement 2019-2021 (the Agreement). The Finance Sector Union of Australia (the union) opposed the application. The dispute centred around the terms and conditions of employment for employees covered by the Agreement. The Commission was required to determine whether the Agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the need for a genuine enterprise agreement.

The primary legal issue was whether the Agreement provided for the Fair Work Commission's minimum entitlements and whether it had been negotiated in good faith. The employer argued that the Agreement fairly reflected the commercial realities of the organisation, while the union contended that the Agreement did not provide for minimum entitlements, particularly in relation to penalty rates and overtime provisions. The employer also argued that the union had not genuinely negotiated the Agreement in good faith and had acted unreasonably during the negotiation process.

The Commission found that the Agreement did not provide for the Commission's minimum entitlements in relation to penalty rates and overtime provisions. The employer had not provided sufficient evidence to demonstrate that the reduced penalty rates and overtime provisions were necessary to maintain the commercial viability of the organisation. The Commission also found that the union had genuinely negotiated the Agreement in good faith, despite some procedural issues during the negotiation process. As a result, the application for approval of the Agreement was dismissed. The Commission ordered that the employer and the union must continue to negotiate in good faith to reach an agreement that meets the requirements of the Fair Work Act 2009.

Firefighters and Affiliates Credit Co-operative Ltd T/A Firefighters Credit Co-operative

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established