ATC Insurance Solutions Pty Ltd

[2014] FWCA 352

[2014] FWCA 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

ATC Insurance Solutions Pty Ltd
(AG2013/11946)

ATCIS/FSU ENTERPRISE AGREEMENT 2013-2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 15 JANUARY 2014

Application for approval of the ATCIS/FSU Enterprise Agreement 2013-2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by ATC Insurance Solutions Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the ATCIS/FSU Enterprise Agreement 2013-2015 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’). The Agreement is to cover 20 employees who are engaged in the provision of insurance products and services.

[2] The employees were last notified of their representational rights on 14 August 2013, and voting for the Agreement’s approval took place between 20 and 29 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 12 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 December 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr C Anderson, Chief Executive Officer identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Insurance Industry Award 1998 [AP784988] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Andersonsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for extra rostered days off and enhanced redundancy and paid parental leave entitlements. Rates of pay are to be increased by 5% on 1 July 2013 and 1 July 2014. The increases due from 1 July 2013 have already been paid to the employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 15 and 16 respectively, and a disputes resolution procedure at clause 17 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 14 January 2014, Mr C Anderson,appeared for the applicant and Mr R Lowrey for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Anderson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Mr Lowrey explained that the provisions of the Banking, Finance and Insurance Industry Award 2010 are incorporated into the Agreement where it is silent. Both Mr Anderson and Mr Lowrey emphasised the cooperative nature of their negotiations and the strength of the relationship between the employer and the Union.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the ATCIS/FSU Enterprise Agreement 2013-2015.Pursuant to s 54 of the Act, the Agreement shall operate from 21 January 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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