Select Credit Union Limited Summary

[2014] FWCA 7763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Select Credit Union Limited
(AG2014/9568)

SELECT CREDIT UNION ENTERPRISE AGREEMENT 1ST JULY 2014 - 30TH JUNE 2017

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 31 OCTOBER 2014

Application for approval of the Select Credit Union Enterprise Agreement 1st July 2014 - 30th June 2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Select Credit Union Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Select Credit Union Enterprise Agreement 1st July 2014 - 30th June 2017 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover 39 employees who are employed at the applicant’s credit union branches across New South Wales and Queensland.

[2] The employees were last notified of their representational rights on 5 September 2014, and voting for the Agreement’s approval took place between 30 September and 3 October 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 26 of the 39 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 October 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Worthington, Chief Executive identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Credit Union Award 1998 [AP772291] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Worthingtonsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay and additional secondary carers leave, domestic and family violence leave and compassionate leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 28 October 2014, Mr M Worthington appeared for the applicant and Ms M Fernandez and Mr D Peddie for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr M Worthington outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that employees must be paid at least 5% above the rates of pay set out in the Modern Award and that rates of pay are to be increased by 2.75% or CPI, whichever is the greater on approval and then by 2.5% or CPI, whichever is the greater on 1 July 2015 and 1 July 2016. Ms Fernandez supported the submissions of Mr Worthington.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Select Credit Union Enterprise Agreement 1st July 2014 - 30th June 2017. Pursuant to s 54 of the Act, the Agreement shall operate from 4 November 2014 and have a nominal expiry date of 1 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Select Credit Union Limited applied to the Fair Work Commission to approve an Enterprise Agreement, which had been negotiated with its employees represented by the Australian Services Union. The dispute centred on the terms of the proposed agreement, particularly those relating to the employment conditions of the employees.

The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement facilitated the improved performance of the organisation, whether it was free from coercion and undue influence, and whether it was in the best interests of the employees.

The Commission considered the submissions of both parties and the evidence presented. It found that the agreement was fair and reasonable, and that it met the criteria for approval. The Commission noted that the agreement provided for improved terms and conditions for employees, including increased pay rates and better working conditions. It also found that the agreement was not the result of any form of coercion or undue influence, and that it was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Select Credit Union Enterprise Agreement 1st July 2014 - 30th June 2017, effective from the date of the decision.

Select Credit Union Limited

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