The University Credit Society Limited Summary

[2013] FWCA 1004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The University Credit Society Limited
(AG2013/4932)

UNICREDIT ENTERPRISE AGREEMENT 2012-2015

Banking finance and insurance industry
COMMISSIONER CLOGHAN	PERTH, 18 FEBRUARY 2013

Application for approval of the Unicredit Enterprise Agreement 2012-2015.

[1] On 11 February 2013, The University Credit Society Limited made application for approval of a single enterprise agreement to be known as the Unicredit Enterprise Agreement 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 6 February 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 February 2013.

[6] The nominal expiry date of this Agreement is three (3) years from date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The University Credit Society Limited applied to the Fair Work Commission for approval of the Unicredit Enterprise Agreement 2012-2015. The application was brought before the Commission due to a dispute regarding the inclusion of certain terms in the agreement. The Fair Work Commission was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement complied with the procedural fairness requirements and whether the terms of the agreement were consistent with the objectives of the Act.

The Commission found that the agreement was procedurally fair and that the parties had engaged in good faith bargaining. The Commission also determined that the terms of the agreement were consistent with the objectives of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees. The Commission approved the Unicredit Enterprise Agreement 2012-2015 and ordered that it be registered with the Fair Work Commission.

The approval of the agreement was significant as it provided certainty for both the employer and the employees. The agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensured that the parties could move forward with confidence and that any disputes that arose could be resolved in accordance with the terms of the agreement. The decision of the Commission provides an important precedent for similar agreements in the future and highlights the importance of good faith bargaining in the workplace.

The University Credit Society Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established