Police Credit Union Ltd

Case [2016] FWCA 8194


[2016] FWCA 8194
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Police Credit Union Ltd
(AG2016/6106)

POLICE CREDIT UNION ENTERPRISE AGREEMENT 2016-2019

Banking finance and insurance industry

COMMISSIONER ROE

MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Police Credit Union Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Police Credit Union 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 Police Credit Union Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 November 2016 and, in accordance with s.54, will operate from 23 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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Details
AGLC
Police Credit Union Ltd [2016] FWCA 8194
Case
[2016] FWCA 8194
Decision Date

CaseChat Overview and Summary

The applicant, Police Credit Union Limited, sought approval of an enterprise agreement with its employees for the period 2016-2019. The respondents were the Finance Sector Union of Australia, the Professional and Administrative Officers Union, and the Finance Officers Association. The case was heard in the Fair Work Commission. The central issue was whether the proposed enterprise agreement complied with the relevant legislation, specifically sections 224 and 230 of the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and the respondents did not object to the application on the grounds that it was not in the employees' best interests.

The Commission considered the evidence and submissions from both parties. It found that the agreement had been made in good faith and that the respondents did not object to the application on the specified grounds. The Commission also noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for fair and reasonable terms and conditions of employment. The Commission approved the application, finding that the agreement was appropriate for registration under the Act. The applicant's application for approval of the enterprise agreement was granted, and the agreement was registered with the Fair Work Commission.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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