DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Super Pty Ltd T/A Cbus Super
(AG2018/1578)

UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 AUGUST 2018

Application for approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the United Super Pty Ltd State Coordinators Enterprise Agreement 2017 (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 Super. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 15 August 2018 and, in accordance with s.54, will operate from 22 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by United Super Pty Ltd, trading as Cbus Super, for the approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2017. This application was lodged with the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application required the Commission to determine if the agreement was fair and whether it had been appropriately negotiated and certified by an independent body.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the fairness and negotiation of the agreement. The Commission had to consider whether the agreement provided for fair terms and conditions, including wages and other remuneration, and whether it had been genuinely negotiated and certified as required by law. Additionally, the Commission examined whether the agreement was in compliance with the procedural requirements set out in the Act.

The Commission found that the United Super Pty Ltd State Coordinators Enterprise Agreement 2017 was fair and had been appropriately negotiated and certified. The agreement was deemed to provide for fair terms and conditions for the employees covered by it. Furthermore, the Commission determined that the negotiation process was genuine and that the agreement met all procedural requirements. Consequently, the application for approval was successful.

The Fair Work Commission approved the United Super Pty Ltd State Coordinators Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. This decision effectively allows the agreement to come into force and be binding on the parties involved. The approval ensures that the terms and conditions outlined in the agreement are legally enforceable, providing a clear framework for the employment relationship between United Super Pty Ltd and the affected employees.

United Super Pty Ltd T/A Cbus Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established