DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd
(AG2016/6127)

LUCRF/FSU ENTERPRISE AGREEMENT 2016-2019

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the LUCRF/FSU Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the LUCRF/FSU Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd. 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 16 November 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the LUCRF/FSU Enterprise Agreement 2016-2019. The dispute arose from negotiations between the Labour Union Co-Operative Retirement Fund and the Finance Sector Union, which had reached an impasse. The FWC's role was to assess whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the FWC needed to address included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the provisions of the Fair Work Act, and whether it was negotiated in good faith. The FWC also considered whether the agreement adequately addressed the needs and interests of both the employees and the employer, and whether it provided for a fair resolution of any disputes that may arise during the agreement's term.

In its reasoning, the FWC noted that the agreement was the result of extensive negotiations and provided for a range of terms and conditions, including wages, hours of work, and dispute resolution mechanisms. The FWC found that the agreement was fair and reasonable, and complied with the relevant provisions of the Fair Work Act. The FWC also determined that the agreement had been negotiated in good faith and adequately addressed the needs and interests of both parties. Based on these findings, the FWC approved the agreement, which will now apply to the employees covered by it for the period of 2016 to 2019.

Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established