Aware Super Services Pty Ltd T/A Aware Super & VicSuper Pty Ltd Summary

[2022] FWCA 2546

The attached document replaces the document previously issued with the above code on 28 July 2022.

Financial Services Union has been replaced with Finance Sector Union of Australia. The title has been amended to ‘Aware Super Services Enterprise Agreement 2022’ instead of ‘Application for Approval of the Aware Super Services Enterprise Agreement’.

Associate to Deputy President Young

Dated 28 July 2022.

[2022] FWCA 2546

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Aware Super Services Pty Ltd T/A Aware Super & VicSuper Pty Ltd

(AG2022/2251)

Aware Super Services Enterprise Agreement 2022

Banking, finance, and insurance industry
Deputy President Young	MELBOURNE, 28 JULY 2022

Application for approval of the Aware Super Services Enterprise Agreement 2022

Aware Super Services Pty Ltd T/A Aware Super & VicSuper Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Aware Super Services Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer. 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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The CPSU, the Community and Public Sector Union (CPSU), Finance Sector Union of Australia (FSU), and Public Services Association (PSA), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

The Agreement was approved on 28 July 2022 and, in accordance with s 54, will operate from 4 August 2022. The nominal expiry date of the Agreement is 30 June 2025

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Aware Super Services Pty Ltd T/A Aware Super & VicSuper Pty Ltd, the Fair Work Commission (FWC) was tasked with deciding whether to approve the Aware Super Services Enterprise Agreement 2022. This agreement, which pertains to the relationship between the named parties and their employees, was contested primarily due to concerns about the impact of the proposed changes on employee entitlements and conditions. The decision was made in the context of a broader effort to streamline the superannuation services offered by the respondents.

The primary legal issues before the FWC were whether the proposed agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms for the employees involved. The applicants argued that the agreement was necessary for operational efficiency and was fair and reasonable, while the respondents contended that the agreement did not adequately protect employee conditions and entitlements.

The FWC carefully considered the evidence and submissions from both parties, focusing on the balance between operational efficiency and the preservation of employee rights. It was noted that the proposed agreement included provisions that aimed to ensure employees would not be worse off financially. The FWC determined that while the changes were significant, they were not unreasonable and provided for fair and reasonable terms for the employees. It was concluded that the overall balance of the agreement was acceptable and that it met the criteria for approval under the Fair Work Act.

The FWC approved the Aware Super Services Enterprise Agreement 2022, subject to the terms and conditions set out in the decision. The approval was made effective from the date specified in the agreement, allowing the changes to take immediate effect in accordance with the statutory framework.

Aware Super Services Pty Ltd T/A Aware Super & VicSuper Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established