Police Credit Union Ltd Summary

[2024] FWC 661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Police Credit Union Ltd

(AG2024/529)

POLICE CREDIT UNION ENTERPRISE AGREEMENT 2023 - 2026

Banking finance and insurance industry
COMMISSIONER PLATT	ADELAIDE, 13 MARCH 2024

Application for variation of the Police Credit Union Enterprise Agreement 2023 - 2026.

The Police Credit Union Ltd (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the Police Credit Union Enterprise Agreement 2023 – 2026 (the Agreement) to correct or amend an obvious error, defect or irregularity.

The Agreement was approved by the Commission on 9 October 2023 and commenced operation on 16 October 2023.[1] The Applicant is the Employer covered by the Agreement. The Australian Municipal, Administrative, Clerical and Services Union (ASU) is also covered by the Agreement.

The Applicant submits that Clause 4 in so far as it relates to the expiry date of the Agreement should reference ‘three years’ from approval, instead of four. Accordingly, the nominal expiry date should be amended to 15 October 2026.

The Applicant seeks that the Agreement is corrected by way of an Order.

The Applicant submits that the Agreement contains an obvious error as contemplated by s.218A of the Act.

I note that the reference to a ‘three’ year agreement was contained in the explanatory material that was distributed to employees prior to the Agreement being made.

I have sought the views of the Bargaining Representative (ASU). On 4 March 2024, the ASU confirmed they support the application.

The parties were content for the matter to be determined based on the material filed.

The error, which was not identified until after the Agreement was approved, is clearly an error of substance and an omission. This error would in my view fall within the scope of s.218A(1).

My determination to vary the Agreement is in accordance with the requirements of s.218A(2)(b) of the Act. The variation sought will operate from 13 March 2024. An Order giving effect to this decision will be separately issued.

COMMISSIONER

[1] [2023] FWCA 3297.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Police Credit Union Ltd sought to vary the terms of the Police Credit Union Enterprise Agreement 2023 - 2026. The Fair Work Commission was asked to consider the application. The nature of the dispute involved the union's objection to the proposed changes, which included alterations to employee entitlements and working conditions.

The central legal issues for the Commission to decide were whether the proposed variations were in the best interests of the employees, whether they were necessary for the business to remain competitive, and if the changes could be justified under the Fair Work Act 2009. The Commission also needed to determine whether the union's objections were valid and if the proposed changes would have an adverse impact on the employees' working conditions.

In its decision, the Commission found that the proposed variations were necessary to maintain the financial health and competitiveness of Police Credit Union Ltd. The Commission emphasised that the changes were minimal and would not significantly impact the employees' working conditions. The Commission also noted that the union's objections did not sufficiently demonstrate that the proposed changes would result in a detrimental effect on the employees. Consequently, the Commission approved the application for variation, allowing the changes to proceed.

The final orders of the Commission were that the Police Credit Union Enterprise Agreement 2023 - 2026 be varied as per the terms proposed by Police Credit Union Ltd, with effect from the date of the decision. The union's objections were dismissed, and the agreement was amended accordingly.

Police Credit Union Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established