First Super Pty Limited T/A First Super Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

First Super Pty Limited, trading as First Super, sought approval for the First Super Coordinators Enterprise Bargaining Agreement 2023 in the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to be considered a simple, effective, and efficient means of regulating the terms and conditions of employment for coordinators within the organisation.

The legal issues before the Commission involved verifying whether the agreement provided adequate protections for the employees, ensured fairness, and complied with the statutory requirements set out in the Fair Work Act. Additionally, the Commission had to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was fair and reasonable, providing a simple, effective, and efficient means of regulating the terms and conditions of employment. It concluded that the agreement contained provisions that met the requirements of the Act, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement appropriately balanced the interests of both parties, offering protections for employees while allowing the employer to manage its business effectively.

The Commission approved the First Super Coordinators Enterprise Bargaining Agreement 2023. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission’s decision. This decision provided clarity and certainty for both First Super and its employees, ensuring that the agreement would serve as the basis for their employment relationship moving forward.

First Super Pty Limited T/A First Super

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established