ClearView Administration Services Pty Limited T/A ClearView Wealth Limited Summary

[2017] FWCA 4569

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ClearView Administration Services Pty Limited T/A ClearView Wealth Limited

(AG2017/2571)

ClearView Enterprise Agreement 2017

Banking finance and insurance industry
Commissioner Johns	CANBERRA, 1 SEPTEMBER 2017

Application for approval of the ClearView Enterprise Agreement 2017.

On 30 June 2017 ClearView Administration Services Pty Limited T/A ClearView Wealth Limited (Applicant) made an application for approval of the ClearView Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 September 2017. The nominal expiry date of the Agreement is 8 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, ClearView Administration Services Pty Limited T/A ClearView Wealth Limited, applied for approval of the ClearView Enterprise Agreement 2017. The applicant, an entity involved in financial services administration, sought to have the agreement, which sets out the terms and conditions of employment for its employees, approved by the court. The dispute arose due to the necessity of securing statutory approval for certain provisions of the agreement that deviate from the minimum entitlements prescribed by the Fair Work Act 2009.

The central legal issues before the court involved whether the provisions of the ClearView Enterprise Agreement 2017 complied with the statutory requirements under the Fair Work Act, particularly with respect to the provisions concerning penalty rates, shift loadings, and other minimum employment conditions. The court had to consider whether the agreement provided no less favourable terms and conditions than those set out in the relevant modern awards and whether it complied with procedural fairness and good faith bargaining principles. The applicant argued that the agreement was the product of genuine and effective bargaining and that it offered no less favourable terms than the applicable awards.

The court, after reviewing the submissions and evidence, found that the agreement met the statutory requirements and was the result of good faith bargaining. The provisions in question were consistent with the minimum entitlements under the Fair Work Act, and the agreement provided no less favourable terms than those set out in the relevant modern awards. The court was satisfied that the agreement was made in compliance with procedural fairness and that it represented the outcome of effective bargaining between the parties. Consequently, the court approved the ClearView Enterprise Agreement 2017 as required by the legislation.

ClearView Administration Services Pty Limited T/A ClearView Wealth Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established