DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Country Credit Union Ltd
(AG2019/4296)

QUEENSLAND COUNTRY CREDIT UNION LTD ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER YILMAZ	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Queensland Country Credit Union Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Country Credit Union Ltd Enterprise Agreement 2019 (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 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Queensland Country Credit Union Ltd Enterprise Agreement 2019, which was heard by the Fair Work Commission. The applicant, Queensland Country Credit Union Ltd, sought approval for the agreement to be made a registered agreement under the Fair Work Act 2009. The agreement was intended to cover the employees of the credit union and aimed to regulate their terms and conditions of employment.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary provisions, was free from prohibited content, and was made in accordance with the Act's procedural requirements. The Commission also had to consider whether the agreement was in the best interests of the employees it covered, taking into account factors such as the nature of the bargaining, the extent of employee involvement, and the fairness of the terms and conditions.

In its decision, the Commission examined the application and the contents of the agreement in detail. It found that the agreement included all the necessary provisions as outlined in the Act and was free from prohibited content. The Commission also confirmed that the agreement had been made in accordance with the procedural requirements of the Act, including the involvement of employee representatives in the bargaining process. After considering the factors relevant to the best interests of the employees, the Commission concluded that the agreement was fair and reasonable, and thus in the best interests of the employees it covered. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act.

As a result of the Commission's decision, the Queensland Country Credit Union Ltd Enterprise Agreement 2019 was approved and registered. This means that the agreement now forms the basis of the terms and conditions of employment for the credit union's employees, and it will be subject to the dispute resolution processes provided for under the Fair Work Act. The decision provides certainty for both the credit union and its employees regarding their employment arrangements moving forward.

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