Auscoal Services Pty Ltd; AUSCOAL Superannuation Pty Ltd

[2014] FWCA 5615

[2014] FWCA 5615

FAIR WORK COMMISSION

DECISION

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

Auscoal Services Pty Ltd; AUSCOAL Superannuation Pty Ltd
(AG2014/8500)

AUSCOAL GROUP ENTERPRISE AGREEMENT 2014-2017

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the AUSCOAL Group Enterprise Agreement 2014-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Auscoal Services Pty Ltd & AUSCOAL Superannuation 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 AUSCOAL Group Enterprise Agreement 2014-2017 (the ‘Agreement’). The Agreement was negotiated with four Employee Bargaining Representatives and is to cover 125 employees who are engaged by the applicant in clerical, administrative and services roles. It does not cover management and professionally qualified employees who are engaged through individual contract arrangements. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 8 November 2013, and voting for the Agreement’s approval took place 15 and 22 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secure online survey, 57 of the 67 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 31 July 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms M Baker, Head of People & Culture, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Clerical and Administrative Employees (State) Award [AN120664] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Bakersaid 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 a uniform allowance, a birthday bonus and paid parental leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 18 and 19 respectively, and a disputes resolution procedure at clause 20 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 15 August 2014, Ms M Baker appeared for the applicant and Mr P Muldoon appeared in his capacity as an Employee Bargaining Representative. All four Employee Bargaining Representatives had filed Declarations in relation to the application (Form 18A) supporting the approval of the Agreement. Ms Baker 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. She explained that rates of pay are reviewed by 15 August of each year and that this review took into account individual performance. All employees who were eligible to have their salary reviewed receive at least a CPI increase. Mr Muldoon supported the submissions of Ms Baker.

[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. While I note that the title clause of the Agreement (cl 2) sets out the name of the Agreement as being the AUSCOAL Enterprise Agreement 2011 - 2014, Mr Muldoon brought this error to my attention and I have amended it.Accordingly, I approve a single enterprise agreement known as the AUSCOAL Group Enterprise Agreement 2014-2017. Pursuant to s 54 of the Act, the Agreement shall operate from 22 August 2014 and have a nominal expiry date of 31 March 2017.

DEPUTY PRESIDENT

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