DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horizon Credit Union Limited T/A Horizon Credit Union
(AG2018/756)

HORIZON CREDIT UNION (HCU) EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 3 JULY 2018

Application for approval of the Horizon Credit Union (HCU) Employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Credit Union (HCU) Employees Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Horizon Credit Union Limited T/A Horizon Credit Union. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Horizon Credit Union Limited, trading as Horizon Credit Union, for the approval of the Horizon Credit Union Employees Enterprise Agreement 2017-2020. The application was made under section 231 of the Fair Work Act 2009, and the dispute centred around the terms and conditions of employment for the credit union’s employees. The Commission was tasked with determining whether the proposed agreement met the requirements for approval, including compliance with the provisions of the Fair Work Act.

The legal issues before the Commission included whether the agreement was a "good faith" bargaining outcome, if it complied with the provisions of the Fair Work Act, and whether it contained terms that were unfair. The Commission had to assess whether the agreement provided for minimum entitlements, and whether it allowed for the resolution of disputes between the parties. Additionally, the Commission considered whether the agreement unfairly disadvantaged any group of employees or if it contained any terms that were not in good faith.

In reaching its decision, the Commission found that the application satisfied the criteria for approval. The Commission determined that the agreement was a product of good faith bargaining, as it included provisions that addressed key areas of employment conditions and was consistent with the Fair Work Act. The terms of the agreement were found to provide for the minimum entitlements required by the Act, and the Commission was satisfied that the agreement would allow for the resolution of any future disputes in a fair and reasonable manner. Furthermore, the Commission concluded that the agreement did not unfairly disadvantage any group of employees and was fair and reasonable in all its terms.

As a result, the Fair Work Commission approved the Horizon Credit Union Employees Enterprise Agreement 2017-2020. The Commission issued a certificate of approval under section 232 of the Fair Work Act, which means the agreement is now registered and legally binding. This decision ensures that the employees of Horizon Credit Union are covered by the terms of the agreement, providing them with a clear framework for their employment conditions and dispute resolution.

Horizon Credit Union Limited T/A Horizon Credit Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established