Police Credit Union Ltd T/A Police Credit Union

[2025] FWCA 110

[2025] FWCA 110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Police Credit Union Ltd T/A Police Credit Union

(AG2024/5272)

POLICE CREDIT UNION ENTERPRISE AGREEMENT 2020-2023

Banking finance and insurance industry
COMMISSIONER PLATT	ADELAIDE, 15 JANUARY 2025

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

1. On 23 December 2024, Police Credit Union Ltd T/A Police Credit Union made an application for the termination of the Police Credit Union Enterprise Agreement 2020-2023 (the Agreement), a single-enterprise agreement that had passed its nominal expiry date and termination had been agreed to pursuant to s.222 of the Fair Work Act 2009 (the Act)

1. The nominal expiry date of the Agreement was 13 November 2023.

LEGISLATION

1. The following sections of the Act are relevant to this application:

“222    Application for the FWC’s approval of a termination of an enterprise agreement Application for approval

(1)If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

Material to accompany the application

(2)The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3)The application must be made:

(a)    within 14 days after the termination is agreed to; or

(b)    if in all the circumstances the FWC considers it fair to extend that period--within such further period as the FWC allows.

223      When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a)the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b)the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c)the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d)the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

CONSIDERATION

1. The Applicant is the employer covered by the Agreement.

1. Termination was agreed to on 17 December 2024. The Application was made within the timeframe required.

1. The application was supported by a Form F24C declaration of Laura Fountain, Head of People and Culture, which is relevantly summarised as follows:

·  The Agreements nominal expiry date was 13 November 2023.

·  From 29 May 2023 to 10 October 2023, relevant employees were notified during bargaining for the ‘new agreement’ (Police Credit Union Enterprise Agreement 2023-2026) that due to a change in scope, they would no longer be covered by the new agreement and instead, covered by individual employment agreements and any other relevant industrial instruments.

·  On 12 June 2024, relevant employees were verbally briefed that the employer intended to terminate the Agreement by way of vote and notified that individual employment contracts would be provided for review.

·  On 18 July 2024, employees were issued with notice in writing of the employers intention to terminate the Agreement including information on the changes, how and when the vote would take place and a copy of the terms of their revised employment agreement.

·  From 19 July 2024 to 26 July 2024, the employer met with each employee individually to discuss the changes and address any questions.

·  On 30 July 2024, the employer advised that the vote would be put on hold to incorporate feedback relating to the employment agreements.

·  On 9 December 2024, employees were issued with an updated notice in writing of the employers intention to terminate the Agreement by way of vote. Employees were advised of the time, date and location of the ballot and were provided with an updated employment agreement.

·  On 16 December 2024, the employer met with each employee individually to address any questions prior to the vote.

·  The Ballot was conducted on 17 December 2024.

·  Of the 8 employees covered by the Agreement, 8 cast a valid vote, all of whom voted in favour of the termination.

1. I am satisfied that the employer complied with subsection 220(2) of the Act by giving the affected employees a reasonable opportunity to decide whether they wanted to approve the proposed termination. There are no other reasonable grounds for believing that the employees have not agreed to the termination.

1. I am satisfied that each of the requirements contained in ss.222 and 223 of the Act have been met and it is appropriate to terminate the Agreement.

2. In accordance with s.224 of the Act, the termination will come into effect from today, 15 January 2025.

COMMISSIONER

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