DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South West Credit Union Co-operative Limited T/A South West Credit
(AG2018/5340)

SOUTH WEST CREDIT EMPLOYEE COLLECTIVE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JANUARY 2019

Application for approval of the South West Credit Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South West Credit Employee Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South West Credit Union Co-operative Limited T/A South West Credit. 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] The Agreement was approved on 7 January 2019 and, in accordance with s.54, will operate from 14 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, South West Credit Union Co-operative Limited, trading as South West Credit, sought approval for the South West Credit Employee Collective Agreement 2018. The application was brought before the Commission in response to a dispute regarding the terms and conditions of employment for the employees of the credit union. The dispute centred on whether the proposed collective agreement complied with the provisions of the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the proposed agreement provided for fair and reasonable terms and conditions, whether it met the requirements for employee representation, and if the agreement contained any provisions that were contrary to the public interest or otherwise unenforceable. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of the employees while also ensuring that it did not place an undue burden on the employer.

The Commission examined the proposed agreement in detail, considering submissions from both the employer and the employees’ representatives. The Commission concluded that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment that balanced the interests of both the employer and the employees. The agreement was found to meet the legal requirements for employee representation and did not contain any provisions that were contrary to the public interest. The Commission approved the South West Credit Employee Collective Agreement 2018, recognising it as a valid and enforceable agreement between the parties.

The Commission's final orders included the approval of the South West Credit Employee Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of South West Credit as specified within its terms. The Commission's decision resolved the dispute and provided clarity for both the employer and the employees regarding the terms and conditions of their employment.

South West Credit Union Co-operative Limited T/A South West Credit

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established