DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pulse Credit Union Limited
(AG2018/4792)

PULSE CREDIT UNION LTD ENTERPRISE AGREEMENT

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Pulse Credit Union Ptd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Credit Union Ptd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pulse Credit Union Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Pulse Credit Union Limited, sought approval for the Pulse Credit Union (Pt) Enterprise Agreement. The dispute centred on the terms and conditions of employment within the union, including wages, hours of work, and other employment-related matters. The respondent, the Australian Workers' Union, opposed the application, raising concerns about the fairness and adequacy of the proposed agreement.

The primary legal issues before the Commission were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider if the agreement provided for fair and reasonable terms and conditions, and whether it met the statutory requirements for approval. Additionally, the Commission had to examine if the agreement was genuinely negotiated and if it included appropriate mechanisms for resolving disputes.

The Commission determined that the proposed enterprise agreement was fair and reasonable, and in compliance with the statutory requirements. The Commission found that the agreement was genuinely negotiated between the parties, and it included appropriate mechanisms for resolving disputes. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and it met the requirements of the Fair Work Act 2009. The Commission approved the Pulse Credit Union (Pt) Enterprise Agreement, thereby resolving the dispute between the parties.

The Fair Work Commission approved the Pulse Credit Union (Pt) Enterprise Agreement, finding it to be fair, reasonable, and in compliance with the statutory requirements. The Commission determined that the agreement was genuinely negotiated and included appropriate mechanisms for resolving disputes. The Commission found that the proposed terms and conditions were fair and reasonable, and met the requirements of the Fair Work Act 2009. The approval of the enterprise agreement effectively resolved the dispute between the parties.

Pulse Credit Union Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established