Australian Central Credit Union Ltd t/as People's Choice Credit Union

[2015] FWCA 6898

[2015] FWCA 6898

FAIR WORK COMMISSION

DECISION

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

Australian Central Credit Union Ltd t/as People's Choice Credit Union
(AG2015/5573)

PEOPLE'S CHOICE ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 OCTOBER 2015

Application for approval of the People's Choice Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Australian Central Credit Union Ltd t/as People’s Choice Credit Union (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the People’s Choice Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and seven other nominated Employee Bargaining Representatives. The Agreement is to cover 593 employees, other than ‘Package Employees’, (who are covered by individual contracts and paid a minimum of $73,399 per annum), who are employed by the applicant’s credit union, in Victoria, Western Australia, South Australia, the Australian Capital Territory and the Northern Territory. 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 15 October 2014 and voting for the Agreement’s approval took place between 1 and 15 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 395 of the 458 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 18 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms J Jones, Senior Manager Human Resources, identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’):

● Banking, Finance and Insurance Award 2010 [MA000019];
● Credit Union Employees (SA) Award [AN150043];
● Western Australian Credit Unions Award 2001 [AP811132];
● Credit Union Award 1998 [AP772291]; and
● Clerks’ (Credit and Finance Establishments) Award [AN160072].

[4] Ms Jonessaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including less generous overtime entitlements, the removal of annual leave loading and reduced penalty rates for work performed on public holidays. However, the Agreement provides a range of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, more generous penalty rates for work performed outside of ordinary hours on weekdays, 12 days of personal/carers’ leave per annum and up to 26 weeks paid parental leave after five years of continuous service and study assistance. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 13 and 8 respectively, and a disputes resolution procedure at clause 11 provides for conciliation and consent arbitration by the Commission.

[5] At a hearing of the application on 2 October 2015, Ms S Babidge, Solicitorappeared with Ms J Jones for the applicant. Ms Babidge 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 to be increased on 1 July 2015 and 1 July 2016 by reference to performance and that employees who had an overall rating of ‘Meets Expectations’ would receive an increase of 2.75% and those with an overall performance rating of ‘Exceeds Expectations’ would receive an increase of 3.5%. While employees with an overall performance rating of ‘Below Expectations’ did not receive increases to rates of pay, Ms Babidge emphasised that 90% of staff meet or exceed expectations. The Union did not appear, but 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.

[6] Having heard the applicant’s 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 People’s Choice Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 9 October 2015 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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