First Super Pty Ltd T/A First Super

[2021] FWCA 6921

[2021] FWCA 6921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Super Pty Ltd T/A First Super
(AG2021/8109)

FIRST SUPER UNION COLLECTIVE AGREEMENT 2021

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 30 NOVEMBER 2021

Application for approval of the First Super Union Collective Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the First Super Union Collective Agreement 2021 (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 Ltd. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] I note that the Agreement contains an NES precedence clause at cl. 4.4 and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514099  PR736327>

ANNEXURE A