DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Super Pty Ltd T/A First Super
(AG2019/4797)

FIRST SUPER UNION COLLECTIVE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2019

Application for approval of the First Super Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the First Super Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by First Super Pty Ltd T/A First Super. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, First Super Pty Ltd, trading as First Super, applied for approval of the First Super Union Collective Agreement 2018. The dispute centred around the conditions of employment for certain members of the First Super Union, specifically those employed under the Superannuation Industry (Supervision) Act 1993. The applicant argued that the proposed agreement provided fair and reasonable terms and conditions of employment for the relevant union members.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Superannuation Industry (Supervision) Act 1993 and the Superannuation Industry (Supervision) Regulations 1994. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the prescribed minimum standards of remuneration, leave, and other employment entitlements.

The court found that the proposed agreement met all the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment for the relevant union members. The court also found that the agreement complied with the prescribed minimum standards of remuneration, leave, and other employment entitlements. The court was satisfied that the agreement was in the best interests of the union members and approved the agreement.

The court ordered that the First Super Union Collective Agreement 2018 be approved and registered as a green-field agreement under the Superannuation Industry (Supervision) Act 1993. The court also ordered that the agreement be published on the Australian Taxation Office website. The decision was a significant victory for First Super, as it allowed the company to implement the proposed changes to the employment conditions for union members.

First Super Pty Ltd T/A First Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established