Police Credit Union Ltd Summary

[2019] FWCA 7780

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Police Credit Union Ltd

(AG2019/3943)

Police Credit Union Enterprise Agreement 2020-2023

Banking finance and insurance industry
Deputy President Colman	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Police Credit Union Enterprise Agreement 2020-2023.

Police Credit Union Ltd has made an application for approval of an enterprise agreement known as the Police Credit Union Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The application is generally in order however I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form[1], as it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Info line”. The prescribed notice states that employees may direct questions to the Fair Work Ombudsman or the Fair Work Commission. I am satisfied that, in all of the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[2] this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 November 2019 and, in accordance with s 54(1)(b), will operate from 1 January 2020. The nominal expiry date of the Agreement is 13 November 2023.

DEPUTY PRESIDENT

[1] See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

[2] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

The Police Credit Union Limited sought approval of an enterprise agreement it had negotiated with the Australian Services Union. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement did meet the statutory requirements. It was satisfied that the agreement was in the best interests of the employees, taking into account the views of the union, the employer and the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages and conditions that were no less favourable than those provided for in the relevant awards. The Commission also found that the agreement was not likely to have an adverse effect on the availability of employment.

In making its decision, the Commission considered the views of the parties, the nature of the agreement, and the evidence presented. It found that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The Commission approved the agreement, and it will now be binding on the parties from 1 July 2020.

Police Credit Union Ltd

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