Community Alliance Credit Union Limited

[2013] FWCA 5433

[2013] FWCA 5433

FAIR WORK COMMISSION

DECISION

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

Community Alliance Credit Union Limited
(AG2013/2054)

COMMUNITY ALLIANCE CREDIT UNION LTD COLLECTIVE AGREEMENT

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 7 AUGUST 2013

Application for approval of the Community Alliance Credit Union Ltd Collective Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Community Alliance Credit Union Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Community Alliance Credit Union Ltd Collective Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover 95 employees who are employed at the applicant’s Credit Unions across New South Wales.

[2] The employees were last notified of their representational rights on 15 February 2013, and voting for the Agreement’s approval took place between 8-15 July 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot conducted by an independent third party, 81 of the 86 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 July 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Kotic, CEO identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Koticsaid 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 are no less beneficial terms. The Agreement provides for higher rates of pay, 8 weeks paid parental leave for the primary carer and more generous redundancy entitlements. Rates of pay are to be increased by 2.5% on 1 July 2013, 3% on 1 July 2015 and 3% on 1 July 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 11 and 12 respectively, and a disputes resolution procedure at clause 14 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 1 August 2013, Ms D Donovan,appeared for the applicant and Ms F Lenhardt for the Union. The Union 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. Ms Donovan 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. Ms Donovan said that the rates of pay for Grade 1 were approximately 18% higher than those under the Modern Award and those for Grade 2 were approximately 16% higher than those under the Modern Award. The other classifications were similarly higher than those under the Modern Award. She also said that the increase due to employees on 1 July 2013 is already being paid to the employees. Ms Lenhardt supported the submissions of Ms Donovan.

[5] Having heard the parties’ 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 Community Alliance Credit Union Ltd Collective Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 8 August 2013 and have a nominal expiry date of 30 June 2016.

DEPUTY PRESIDENT

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