DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South West Credit Union T/A South West Credit
(AG2016/6177)

SOUTH WEST CREDIT EMPLOYEE COLLECTIVE AGREEMENT 2015-2018

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the South West Credit Employee Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the South West Credit Employee Collective Agreement 2015-2018 (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 T/A South West Credit. 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The South West Credit Union, trading as South West Credit, applied to the Fair Work Commission for approval of the South West Credit Employee Collective Agreement 2015-2018. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, particularly those concerning employee entitlements, classification, and procedural matters.

The central legal issues before the court were whether the terms of the proposed agreement were consistent with the requirements of the Fair Work Act 2009, and if they complied with the procedural obligations mandated by the Fair Work Regulations 2009. Key points of contention included the classification of certain employees, the calculation of penalty rates, and the dispute resolution mechanisms outlined within the agreement.

The court examined the evidence and submissions from both parties, considering whether the proposed agreement met the statutory criteria for approval. The court found that while the agreement largely adhered to the legislative framework, there were areas that required amendment to ensure full compliance with the Fair Work Act and Regulations. Specifically, adjustments were necessary regarding the classification of certain employees and the calculation of penalty rates. After considering these issues, the court granted the application for approval of the agreement, subject to the specified amendments.

In conclusion, the court ordered that the South West Credit Employee Collective Agreement 2015-2018 be approved, with the noted amendments to address the identified compliance issues. The court provided a detailed list of changes that needed to be incorporated into the agreement before its implementation.

South West Credit Union 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