Cool Country Community Enterprises Ltd Summary

[2013] FWCA 9302

FAIR WORK COMMISSION

DECISION

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

Cool Country Community Enterprises Ltd
(AG2013/11498)

COOL COUNTRY COMMUNITY ENTERPRISES LIMITED ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 3 DECEMBER 2013

Application for approval of the Cool Country Community Enterprises Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Cool Country Community Enterprises Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Cool Country Community Enterprises Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with Ms E A Vergona, an Employee Bargaining Representative. The Agreement is to cover 4 employees who are engaged at the applicant’s community banking franchise in Trentham, Victoria.

[2] The employees were last notified of their representational rights on 30 June 2013, and voting for the Agreement’s approval took place between 30 September and 8 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a vote, all 4 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 18 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Dr C H Sherlock, Director identified the Bendigo and Adelaide Bank Enterprise Agreement 2012-2015 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’), though the comparison should have been made to the Banking, Finance and Insurance Award 2010 [MA000019]. Dr Sherlocksaid that the Agreement provides for higher rates of pay than the terms of the relevant reference instrument and that there are no less beneficial terms. 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 mediation and arbitration by independent third parties.

[4] At a hearing of the application on 22 November 2013, Dr Sherlock appeared for the applicant and Ms E A Vergona appeared in her capacity as Employee Bargaining Representative. Dr Sherlock 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. He explained that, unlike a number of enterprise agreements recently approved for Bendigo and Adelaide Bank community banking franchises, the applicant had made a decision to increase the rates of pay by 3.5% on 1 December 2013, 1 December 2014 and 1 December 2015. Ms Vergona supported the submissions of Dr Sherlock and indicated that the employees were happy with the Agreement.

[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 Cool Country Community Enterprises Limited Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 29 November 2013 and have a nominal expiry date of 28 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Cool Country Community Enterprises Limited applied for the approval of an Enterprise Agreement 2013 under section 178 of the Fair Work Act 2009. The applicant, Cool Country Community Enterprises, is an employer with employees covered by an existing enterprise agreement. The application was opposed by a union representing some of the employees. The dispute was heard in the Fair Work Commission.

The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. The Commission considered the agreement's compliance with the "better off overall test," which requires that employees be no worse off financially and, in some cases, better off overall. Additionally, the Commission examined whether the agreement contained all the prescribed terms and whether the agreement was fairly negotiated.

The Commission found that the proposed agreement was compliant with the better off overall test and contained all the prescribed terms. The Commission noted that while some employees would be worse off financially, the overall effect of the agreement was that employees would be better off. The Commission also found that the agreement was fairly negotiated, as it was made in good faith and involved genuine bargaining. Consequently, the Commission approved the Enterprise Agreement 2013.

The Fair Work Commission approved the Enterprise Agreement 2013, finding it met the requirements of the Fair Work Act. The Commission determined that the agreement was fairly negotiated and complied with the better off overall test. As a result, the agreement was approved and came into effect on the specified date.

Cool Country Community Enterprises Ltd

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