Bright Community Financial Services Limited

[2013] FWCA 7597

[2013] FWCA 7597

FAIR WORK COMMISSION

DECISION

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

Bright Community Financial Services Limited
(AG2013/2901)

BRIGHT COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 1 OCTOBER 2013

Application for approval of the Bright Community Financial Services Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Bright Community Financial Services Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Bright Community Financial Services Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with Mr Mark Ditcham (the ‘employee bargaining representative’). The Agreement is to cover four employees who are engaged in clerical roles within the business, as set out in clause 8.3 of the Agreement. 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 20 March 2013, and voting for the Agreement’s approval took place on 3 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all four of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 17 September 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr M Howard, Board Chairman, identified the Banking, Finance and Insurance Award 2010 [MA000019] (the ‘Award’)as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Howardsaid 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 is one less beneficial term. The Agreement provides for wage rates above those set out in the Award. The Agreement also provides for penalty rates at one and a half times their ordinary rate of pay for ordinary hours worked on a Saturday, bereavement leave of 5 days as compared to 2 days under the Award, enhanced severance pay entitlements compared with the National Employment Standards, and a Laundry Allowance that is not provided for under the Award. The less favourable term relates to higher duties allowance. However, Mr Howard indicated that no employee will be affected by this term. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 25 provides for internal dispute resolution followed by mediation by an independent mediator and arbitration by an independent arbitrator.

[4] At a hearing of the application on 30 September 2013, Mr Dylan Villani,appeared for the applicant and Mr Mark Ditcham appeared as the employee bargaining representative. Mr Villani 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. In particular, Mr Villani noted that this Agreement provided for additional penalty rates on Saturdays at one and a half times the employee’s ordinary rate of pay for ordinary hours worked. On the issue of wage increases, Mr Villani informed the Commission that it is expected that any wage increases agreed to by the Bendigo and Adelaide Bank Limited, will be passed on to the relevant employees, subject to approval from the applicant’s board of directors.

[5] 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 Bright Community Financial Services Limited Enterprise Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 7 October 2013 and have a nominal expiry date of 6 October 2017.

DEPUTY PRESIDENT

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