DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Country Credit Union Ltd
(AG2018/925)

QUEENSLAND COUNTRY CREDIT UNION LTD ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2018

Application for approval of the Queensland Country Credit Union Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Country Credit Union Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Country Credit Union Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Queensland Country Credit Union Limited (QCCU) sought approval for the Queensland Country Credit Union Ltd Enterprise Agreement 2017. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth). The dispute arose as the QCCU claimed that the agreement had been fairly and properly negotiated, while the Australian Council of Trade Union sought to argue that the agreement was not fairly negotiated. The FWC was required to determine whether the agreement met the requirements for approval under section 232 of the Fair Work Act, specifically whether the agreement had been fairly and properly negotiated.

The FWC considered whether the agreement was genuinely negotiated and whether it contained the necessary elements of a lawful enterprise agreement. The QCCU argued that the agreement was negotiated in good faith and contained all the required elements of an enterprise agreement. The Australian Council of Trade Union argued that the agreement had not been fairly negotiated as there had been inadequate consultation between the parties and that the agreement contained terms that were not genuinely negotiated. The FWC found that the agreement had been fairly and properly negotiated and contained all the necessary elements of a lawful enterprise agreement. The FWC found that the QCCU had demonstrated that it had engaged in good faith bargaining and that the agreement had been negotiated in a manner consistent with the principles of fairness and good faith.

The FWC approved the Queensland Country Credit Union Ltd Enterprise Agreement 2017, finding that it had been fairly and properly negotiated and contained all the necessary elements of a lawful enterprise agreement. The FWC found that the agreement was consistent with the principles of fairness and good faith and that it represented a genuine attempt by the parties to reach an agreement. The FWC ordered that the agreement be approved and registered under section 232 of the Fair Work Act. This decision provides guidance for employers and unions on the requirements for a valid enterprise agreement and the importance of good faith bargaining.

Queensland Country Credit Union Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established