DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FSS Trustee Corporation T/A First State Super
(AG2018/3553)

FIRST STATE SUPER SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2018

Application for approval of the First State Super Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the First State Super Service Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FSS Trustee Corporation T/A First State Super. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The CPSU, the Community and Public Sector Union, 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 6 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were FSS Trustee Corporation, trading as First State Super, and the respondent. The nature of the dispute was the application for the approval of the First State Super Service Centre Enterprise Agreement 2018. The case was heard in the Fair Work Commission. The legal issues the court had to decide centred around the validity and enforceability of the proposed enterprise agreement, specifically whether it met the necessary requirements under the Fair Work Act 2009, including the process followed in negotiating the agreement and whether it complied with the provisions regarding fair and reasonable terms.

The court examined the evidence provided on the negotiation process and the terms of the agreement to determine if there were any procedural irregularities or unfair terms that would invalidate the agreement. It was essential to establish that the agreement was genuinely negotiated and that it contained fair and reasonable terms for all parties involved. The court also had to consider whether the agreement met the statutory requirements for approval, including the provisions for employee representation and consultation. The reasoning provided by the court was detailed, focusing on the procedural fairness in the negotiation process and the substantive fairness of the agreement's terms. The court found that the negotiation process was conducted appropriately and that the agreement contained fair and reasonable terms. Consequently, the court approved the First State Super Service Centre Enterprise Agreement 2018. The final orders confirmed the approval of the agreement, allowing it to be registered and enforced as a legally binding enterprise agreement.

FSS Trustee Corporation T/A First State Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established