United Super Pty Ltd t/a CBUS Super

[2025] FWCA 161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

United Super Pty Ltd t/a CBUS Super

(AG2024/5125)

UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 16 JANUARY 2025

Application for approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the United Super Pty Ltd State Coordinators Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.4 of the Agreement provides that:

“This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.”

The Finance Sector Union of Australia (FSU), the Construction, Forestry, and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the FSU, CFMEU and CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, United Super Pty Ltd, trading as CBUS Super, sought approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2024. The applicants argued that the agreement was a bona fide enterprise agreement and met the necessary requirements under the Fair Work Act. The application was opposed by several unions, who contended that the agreement did not adequately address certain issues and did not meet the prescribed standards for enterprise agreements.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it was negotiated in good faith, and whether it contained the required provisions as mandated by the Fair Work Act. The Commission had to consider the submissions from both the applicant and the opposing unions, and evaluate the evidence presented regarding the negotiation process and the content of the agreement.

In delivering its decision, the Commission found that the agreement was indeed a bona fide enterprise agreement that had been negotiated in good faith. The Commission considered the evidence provided by the applicant and concluded that the agreement met all the necessary requirements under the Fair Work Act. The Commission rejected the objections raised by the unions, finding that the agreement contained all the required provisions and was fair and reasonable.

Accordingly, the Fair Work Commission approved the United Super Pty Ltd State Coordinators Enterprise Agreement 2024, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees. The unions' objections were dismissed, and no further appeal was permitted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established