Willaura Lake Bolac Financial Services Limited

Case [2018] FWCA 3427


[2018] FWCA 3427
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

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

Willaura Lake Bolac Financial Services Limited
(AG2018/780)

WILLAURA LAKE BOLAC FINANCIAL SERVICES LIMITED ENTERRPISE AGREEMENT 2017

Banking finance and insurance industry

COMMISSIONER LEE

MELBOURNE, 12 JUNE 2018

Application for approval of the Willaura Lake Bolac Financial Services Limited Enterrpise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Willaura Lake Bolac Financial Services Limited Enterrpise 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 Willaura Lake Bolac Financial Services Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2018. The nominal expiry date of the Agreement is 11 June 2022.

COMMISSIONER

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<AE428777  PR608035>

Annexure A

Details
AGLC
Willaura Lake Bolac Financial Services Limited [2018] FWCA 3427
Case
[2018] FWCA 3427
Decision Date

CaseChat Overview and Summary

Willaura Lake Bolac Financial Services Limited recently came before the Fair Work Commission in an application for the approval of the Willaura Lake Bolac Financial Services Limited Enterprise Agreement 2017. The applicant, Willaura Lake Bolac Financial Services Limited, sought the approval of the agreement which contained terms and conditions of employment for its employees. The application was brought under the Fair Work Act 2009, with the Australian Council of Trade Unions and the Australian Services Union acting as interested parties. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it contained the minimum terms and conditions mandated by the Act, and whether it was free from any illegality or unfairness.

The Commission considered the provisions of the Fair Work Act and the enterprise agreement in detail. It was noted that the agreement contained the prescribed minimum terms and conditions, and that there were no illegal provisions. The Commission also considered the submissions from the interested parties and found that the agreement was fair and reasonable. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the Willaura Lake Bolac Financial Services Limited Enterprise Agreement 2017. This decision provides clarity and certainty for the employees covered by the agreement, and ensures that the terms and conditions of their employment are fair and lawful.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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