Goulburn Murray Credit Union T/A Goulburn Murray Credit Union Cooperative Limited

[2022] FWCA 4388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Murray Credit Union T/A Goulburn Murray Credit Union Cooperative Limited

(AG2022/4907)

Goulburn Murray Credit Union Enterprise Agreement 2022

Banking finance and insurance industry
DEPUTY PRESIDENT BELL	MELBOURNE, 13 DECEMBER 2022

Application for approval of the Goulburn Murray Credit Union Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Goulburn Murray Credit Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Goulburn Murray Credit Union T/A Goulburn Murray Credit Union Cooperative Limited. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Finance Sector Union of Australia (FSU), 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 was approved on 13 December 2022 and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goulburn Murray Credit Union T/A Goulburn Murray Credit Union Cooperative Limited applied to the Fair Work Commission for the approval of their Enterprise Agreement 2022. The agreement in question sought to cover the employment terms and conditions of various employees of the Union. The application was contested by the Australian Council of Trade Unions, who argued that certain provisions of the agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Act. Specifically, the Commission had to determine whether the agreement was made in good faith, and whether it contained the prescribed minimum terms and conditions as mandated by the legislation. Additionally, the Commission had to consider whether the agreement provided for a proper process for resolving disputes and whether it was fair and reasonable in all its terms.

In its decision, the Commission found that the proposed agreement substantially complied with the statutory requirements. The Commission determined that the agreement was made in good faith and contained the necessary minimum terms and conditions. While the Commission noted some concerns regarding the dispute resolution provisions, it concluded that these provisions were fair and reasonable in the circumstances. The Commission approved the Enterprise Agreement 2022, subject to certain minor modifications to the dispute resolution process to ensure compliance with the Act.

The Commission's final orders were that the Goulburn Murray Credit Union Enterprise Agreement 2022 be approved with the modifications to the dispute resolution process, to take effect from the date of the decision. The modifications included the addition of specific provisions regarding the timelines for resolving disputes and the availability of external mediation services. These changes were made to address the Commission's concerns and to ensure that the agreement met all legal requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established