DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Encompass Credit Union Ltd
(AG2017/2765)

SELECT ENCOMPASS CREDIT UNION LTD ENTERPRISE AGREEMENT 2017-2020

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Select Encompass Credit Union Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Select Encompass Credit Union Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Select Encompass 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 Finance Sector Union of Australia, 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 23 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Select Encompass Credit Union Ltd, which sought approval of an enterprise agreement between itself and its employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was the terms and conditions of employment that were to be incorporated into the proposed enterprise agreement for the period 2017-2020.

The legal issues before the court were whether the proposed enterprise agreement was fair and reasonable, and whether it met the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable national award or registered agreement, and whether it had been made in good faith and without coercion.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable and met the criteria for approval. The Commission took into account a range of factors, including the parties' bargaining positions, the nature of the agreement, and the impact of the agreement on employees and the employer. The Commission also found that the agreement had been made in good faith and without coercion.

The Fair Work Commission approved the Select Encompass Credit Union Ltd Enterprise Agreement 2017-2020, which incorporated the terms and conditions of employment proposed by the parties. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission.

Select Encompass 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