DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter United Employees’ Credit Union Limited T/A Hunter United Credit Union
(AG2018/6129)

HUNTER UNITED EMPLOYEES’ CREDIT UNION LTD ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER YILMAZ	MELBOURNE, 24 MAY 2019

Application for approval of the Hunter United Employees’ Credit Union Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hunter United Employees’ Credit Union Ltd 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 Hunter United Employees’ Credit Union Limited T/A Hunter United Credit Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 31 May 2019. The nominal expiry date of the Agreement is 24 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter United Employees’ Credit Union Limited, trading as Hunter United Credit Union, applied for approval of their 2018 Enterprise Agreement, which was contested by various unions. The Federal Court of Australia was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement had been made in good faith and whether it provided for appropriate minimum terms and conditions as required by the Act. Additionally, the court had to consider if the agreement had been fairly negotiated and if it complied with the procedural requirements set out in the legislation.

The court examined the evidence provided by the parties, including the negotiation process and the content of the agreement. It was found that the agreement had been made in good faith, with appropriate minimum terms and conditions included. The negotiation process was deemed to be fair, with the unions having adequate opportunity to participate and present their views. The court also confirmed that the agreement adhered to the procedural requirements of the Fair Work Act. Consequently, the court ruled that the Hunter United Employees’ Credit Union Limited Enterprise Agreement 2018 was compliant with the necessary legal standards.

The Federal Court of Australia approved the Hunter United Employees’ Credit Union Limited Enterprise Agreement 2018, finding it to be made in good faith and compliant with the Fair Work Act. The decision was based on the thorough examination of the negotiation process and the contents of the agreement, which met all the statutory requirements. The court's ruling ensured that the agreement would now serve as the basis for employment terms and conditions within the union.

Hunter United Employees’ Credit Union Limited T/A Hunter United 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