First Super Pty Limited T/A First Super

[2024] FWCA 2265

[2024] FWCA 2265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

First Super Pty Limited T/A First Super

(AG2024/2052)

FIRST SUPER COORDINATORS ENTERPRISE BARGAINING AGREEMENT 2023

Banking finance and insurance industry
COMMISSIONER YILMAZ	MELBOURNE, 18 JUNE 2024

Application for approval of the First Super Coordinators Enterprise Bargaining Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the First Super Coordinators Enterprise Bargaining Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by First Super Pty Limited T/A First Super. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that clauses 5.4 and 15.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 25 June 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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