DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Credit Union Ltd T/A SCU
(AG2016/7592)

SYDNEY CREDIT UNION LTD ENTERPRISE AGREEMENT 2016 - 2019

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Sydney Credit Union Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Credit Union Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Credit Union Ltd T/A SCU. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Sydney Credit Union Ltd, trading as SCU, and its employees. The union sought approval of an enterprise agreement for the period 2016-2019. The agreement sought to regulate various aspects of the employment relationship, including wages, working conditions, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, particularly those relating to wages and working hours.

The key legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections relating to the process for approving enterprise agreements and the criteria for determining if an agreement is "fair and reasonable." The commission needed to determine if the agreement was made in good faith, if it contained appropriate dispute resolution mechanisms, and if it was fair and reasonable for all parties involved. The employer's contention that certain provisions were not in the employees' best interests was also considered.

The commission found that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. The union had demonstrated that the agreement was negotiated with the employer in a manner consistent with the principles of good faith. Regarding the fairness and reasonableness of the agreement, the commission found that while some provisions were contentious, the overall agreement was fair and reasonable for the employees. The commission emphasised the importance of the agreement in providing job security and improved working conditions. The employer's concerns about certain provisions were addressed through specific amendments, ensuring the agreement met the statutory criteria.

The commission approved the Sydney Credit Union Ltd Enterprise Agreement 2016-2019, subject to certain modifications. The modifications included adjustments to the wages and working hours provisions to better reflect the employees' interests. The final agreement was deemed to be fair and reasonable, meeting the requirements of the Fair Work Act.

Sydney Credit Union Ltd T/A SCU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established