Super Members Council Of Australia Ltd Trading AS Super Members Council

[2025] FWCA 2032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Super Members Council Of Australia Ltd Trading AS Super Members Council

(AG2025/1872)

SMC AGREEMENT 2025

Banking finance and insurance industry
COMMISSIONER REDFORD	MELBOURNE, 23 JUNE 2025

Application for approval of the SMC Agreement 2025

An application has been made for approval of an enterprise agreement known as the SMC Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super Members Council Of Australia Ltd Trading AS Super Members Council (SMC). The Agreement is a single enterprise agreement.

Late application

Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 30 May 2025. The application was lodged on 16 June 2025. It is therefore 3 days late. I have considered the explanation provided for the late lodgement and I am satisfied in all the circumstances that it is fair to extend the relevant period to the date on which the application was lodged.

Consideration

On the basis of materials filed in support of the application, and further information provided by SMC in response to questions raised, 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 (FSU) 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 FSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Super Members Council of Australia Limited, trading as Super Members Council, an application was made to the Fair Work Commission under the Fair Work Act 2009, seeking approval of an enterprise agreement titled the SMC Agreement 2025. The application involved the proposed agreement between the Super Members Council and its employees, who were members of the Finance Sector Union of Australia. The primary dispute was whether the proposed agreement met the requirements of the Act, particularly in terms of its fairness and compliance with the relevant provisions.

The court was required to determine if the agreement contained all the mandated terms and conditions, and if it adhered to the provisions of the Fair Work Act, including those relating to minimum entitlements, procedural fairness, and the process of agreement making. Additionally, the court had to consider whether the agreement was consistent with the principles of the National Workplace Relations System and whether it provided for the fair treatment of employees.

In its decision, the Fair Work Commission found that the SMC Agreement 2025 was compliant with the Fair Work Act. The agreement was deemed to cover all the mandated terms and conditions, including those concerning minimum entitlements and procedural fairness. The Commission concluded that the agreement was consistent with the broader principles of the National Workplace Relations System and provided for the fair treatment of employees. Therefore, the court approved the SMC Agreement 2025, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established