United Super Pty Ltd T/A Cbus

[2022] FWCA 1876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Super Pty Ltd T/A Cbus

(AG2022/1584)

United Super Pty Ltd Collective Bargaining Agreement 2021

Banking finance and insurance industry
COMMISSIONER MIRABELLA	MELBOURNE, 8 JUNE 2022

Application for approval of the United Super Pty Ltd Collective Bargaining Agreement 2021.

United Super Pty Ltd T/A Cbus (the Employer) has made an application for approval of an enterprise agreement known as the United Super Pty Ltd Collective Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 June 2022 and, in accordance with s.54, will operate from 15 June 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court was an application by United Super Pty Ltd to approve the United Super Pty Ltd Collective Bargaining Agreement 2021. This case concerned the procedural fairness of the negotiation process and the merits of the proposed agreement, which aimed to regulate the terms and conditions of employment for certain employees within the company. The application was heard in the Fair Work Commission, which has the authority to approve collective agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the bargaining process adhered to the principles of procedural fairness and whether the terms of the agreement were fair and reasonable. The applicant needed to demonstrate that the negotiation process was conducted appropriately, involving genuine consultation with the relevant employee representatives. Additionally, the Commission had to assess whether the terms of the proposed agreement were fair and reasonable in the context of the broader labour market and industrial relations environment.

The Commission found that the applicant had conducted the negotiation process in a manner consistent with procedural fairness. The applicant had engaged in genuine consultation with the relevant employee representatives, providing them with adequate information and an opportunity to participate meaningfully in the negotiation process. Regarding the merits of the agreement, the Commission determined that the terms were fair and reasonable, considering the specific circumstances of the industry, the economic context, and the interests of both the employer and the employees. The Commission concluded that the proposed agreement would not have an adverse effect on the employees' conditions of employment and was in line with broader labour market trends.

In light of the findings, the Fair Work Commission approved the United Super Pty Ltd Collective Bargaining Agreement 2021. The Commission's decision was based on the applicant's demonstration of procedural fairness in the negotiation process and the conclusion that the terms of the agreement were fair and reasonable. The approval of the agreement will now govern the terms and conditions of employment for the relevant employees within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established