Heritage Isle Credit Union Limited

[2013] FWCA 3616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Heritage Isle Credit Union Limited
(AG2013/6267)

HERITAGE ISLE CREDIT UNION LIMITED ENTERPRISE AGREEMENT 2012—2014

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 5 JUNE 2013

[1] An application has been made for approval of an enterprise agreement known as the Heritage Isle Credit Union Limited Enterprise Agreement 2012—2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heritage Isle Credit Union Limited. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application.

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

[4] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 30 November 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Heritage Isle Credit Union Limited for approval of an enterprise agreement under the Fair Work Act 2009. The application was made in accordance with section 185 of the Act and pertained to the Heritage Isle Credit Union Limited Enterprise Agreement 2012—2014. This was a single-enterprise agreement designed to govern the terms and conditions of employment for the credit union's workforce.

The legal issues before the court revolved around whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to assess if the agreement met the criteria for approval under section 185 of the Act, including whether it was in writing, did not have an unlawful purpose, and provided for the appropriate bargaining and dispute resolution processes. The court also needed to determine if the agreement satisfied the requirements of good faith bargaining as mandated by the Act.

In delivering its judgment, the court examined the provisions of the enterprise agreement against the statutory framework. It found that the agreement was in writing and contained the necessary elements as required by the Act. The court concluded that the agreement was the product of genuine and good faith bargaining, as evidenced by the negotiation process between the employer and the employees' representatives. The court determined that the agreement met all the statutory criteria for approval and was in compliance with the requirements of the Fair Work Act 2009.

The court granted approval for the Heritage Isle Credit Union Limited Enterprise Agreement 2012—2014, allowing it to take effect from the specified date. This decision affirmed that the agreement was valid and enforceable under the Act, providing a clear framework for the employment relationship within the credit union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established