DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd
(AG2017/6036)

LUCRF SUPER BUSINESS DEVELOPMENT MANAGERS AND FIELD STAFF/ NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2017 - 2020

Banking finance and insurance industry
COMMISSIONER SAUNDERS	NEWCASTLE, 6 FEBRUARY 2018

Application for approval of the LUCRF Super Business Development Managers and Field Staff / National Union of Workers Certified Agreement 2017- 2020.

[1] An application has been made for approval of an enterprise agreement known as the LUCRF Super Business Development Managers and Field Staff / National Union of Workers Certified 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 Labour Union Co-Operative Retirement Fund Pty Ltd T/A LUCRF Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The National Union of Workers 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Labour Union Co-Operative Retirement Fund Pty Ltd trading as LUCRF Pty Ltd, sought approval of the LUCRF Super Business Development Managers and Field Staff / National Union of Workers Certified Agreement 2017-2020 from the Fair Work Commission. The applicant argued that the agreement was appropriate for approval as it complied with the necessary legal requirements and would operate in the interests of the employees and employers covered by the agreement. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission had to consider whether the agreement met the requirements for approval under section 234 of the Fair Work Act 2009, which includes ensuring that the agreement provides for the fair and reasonable terms and conditions of employment, and that it operates in the interests of the employees and employers covered by the agreement. The Commission also had to consider whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission determined that the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission found that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it operated in the interests of the employees and employers. The Commission also found that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights and interests. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the LUCRF Super Business Development Managers and Field Staff / National Union of Workers Certified Agreement 2017-2020. The Commission made orders approving the agreement and directing that it be registered with the Fair Work Commission. The Commission also made orders setting out the terms and conditions of employment that are to apply to the employees covered by the agreement. The Commission's decision provides clarity and certainty for the parties involved and ensures that the agreement operates in the interests of the employees and employers covered by the agreement.

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