Australian Payments Plus Limited

[2023] FWC 1297

[2023] FWC 1297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.318 - Application for an order relating to instruments covering new employer and transferring employees

Australian Payments Plus Limited

(AG2023/1660)

Banking finance and insurance industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 JUNE 2023

S.318 - Application for an order relating to instruments covering new employer and transferring employees

1. Australian Payments Plus Limited (Applicant) has made an application pursuant to s.318 of the Fair Work Act 2009 (Act) for an order that the BPAY Group Enterprise Agreement 2018 (BPAY Agreement) does not cover the Applicant and any employees who transfer their employment from BPAY Group Pty Ltd to the Applicant (Transferring Employees). The Applicant will be the new employer of relevant Transferring Employees. The BPAY Agreement nominally expired on 16 March 2022.

1. The Applicant has filed a witness statement in support of its application, made by Mr Steven Martin Reid, Chief People Officer of the Applicant, dated 29 May 2023. It has also filed a witness statement made by Ms Deborah Ann Mellick, Head of People Operations of the Applicant, dated 30 May 2023, in support of its application. In determining whether or not to make the orders sought by the Applicant, and in taking into account each of the matters set out in s.318(3) of the Act, I have relied upon the evidence of Mr Reid and Ms Mellick, and the submissions made in the Form F40 Application filed in this matter. Specifically, I note that the relevant Transferring Employees support (by majority) the order/s sought by the Applicant, and that such relevant Transferring Employees will not be disadvantaged overall (in their terms and conditions of employment) if the orders sought are made. Further, the BPAY Agreement is likely to have a negative impact upon the productivity of the Applicant’s workplace, and there is a lack of business synergy between the BPAY Agreement and the work performed by the Applicant and Transferring Employees. I consider that the order sought by the Applicant is in the public interest as it would allow all of the Applicant’s employees to all be employed on consistent terms and benefits, promoting a harmonious, cohesive and productive workplace.

1. Taking into account the matters set out in s.318(3) of the Act, on an individual and collective basis, I note that none of the criteria weigh against the making of the orders sought. I have therefore determined to exercise my discretion to make the orders sought by the Applicant pursuant to s.318(1) of the Act. An order in this regard will be issued contemporaneously with this decision.

DEPUTY PRESIDENT

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