Southern Cross Credit Union Ltd T/A Southern Cross Credit Union Summary

[2018] FWCA 3457

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Credit Union Ltd T/A Southern Cross Credit Union

(AG2017/5949)

Southern Cross Credit Union Limited Enterprise Agreement 2017-2020

Banking finance and insurance industry
Commissioner Lee	MELBOURNE, 13 JUNE 2018

Application for approval of the Southern Cross Credit Union Ltd Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Southern Cross Credit Union Limited 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 Southern Cross Credit Union Ltd T/A Southern Cross Credit Union. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 12 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Credit Union Limited T/A Southern Cross Credit Union sought approval of its Enterprise Agreement 2017-2020 from the Fair Work Commission. The Union had entered into the agreement with various employee representatives, intending to cover employees in several categories. The application was contested by a union, the Finance Sector, Maritime and Energy Union of Australia (FSMEU), which argued that certain provisions of the agreement contravened the relevant industrial legislation.

The primary legal issues before the Commission were whether the agreement was appropriately certified as a simple, streamlined, and genuine enterprise agreement, and whether it complied with the applicable industrial laws. Specifically, the FSMEU argued that some provisions did not meet the requirements for a genuine enterprise agreement because they did not fairly reflect the views of the employees.

The Commission considered the arguments and evidence presented by both parties. It determined that the application was appropriately certified and that the agreement met the criteria for a genuine enterprise agreement. The Commission found that the provisions in question were consistent with the industrial laws and fairly represented the interests of the employees. The evidence showed that the agreement was the product of good faith negotiations and that it provided for appropriate terms and conditions of employment.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2017-2020, dismissing the FSMEU's objections. The Commission found that the agreement was a genuine enterprise agreement and compliant with the relevant industrial legislation. The agreement was to commence on the date of the Commission's decision and remain in force until the specified expiry date.

Southern Cross Credit Union Ltd T/A Southern Cross Credit Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established