DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Super Pty Ltd T/A CBUS
(AG2020/3887)

UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2021

Application for approval of the UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement known as the UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Super Pty Ltd T/A CBUS. 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 Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Finance Sector Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2021. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the United Super Pty Ltd T/A CBUS State Coordinators Enterprise Agreement 2020. The applicant, United Super, sought the approval of the agreement, which was intended to govern the employment terms and conditions of state coordinators within the organisation. The dispute arose as the applicant and the employees' union, the Australian Services Union (ASU), could not reach a consensus on certain provisions of the agreement, necessitating the intervention of the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement. The Commission had to determine if the agreement had been made in accordance with the process set out in the Act, and if the agreement's terms and conditions were fair and reasonable. This involved assessing the agreement's compliance with the procedural requirements for enterprise agreements, such as the provision of relevant information, the opportunity for employees to be represented and to make submissions, and the fairness of the agreement's terms and conditions.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, as both parties had engaged in good faith negotiations, and the agreement had been appropriately communicated to the employees. Regarding the substantive fairness of the agreement, the Commission considered factors such as the agreement's impact on the employees' terms and conditions of employment, the nature of the work performed, and the overall fairness of the agreement's provisions. After careful consideration, the Commission determined that the agreement was fair and reasonable, taking into account the parties' submissions and the evidence presented.

As a result, the Fair Work Commission approved the United Super Pty Ltd T/A CBUS State Coordinators Enterprise Agreement 2020. The approval of the agreement ensures that the terms and conditions of employment for state coordinators within the organisation are governed by the provisions set out in the agreement, providing certainty and stability for both the employer and the employees.

United Super Pty Ltd T/A CBUS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established