DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergency Services Superannuation Board T/A Emergency Service & State Super
(AG2021/4331)

APPLICATION FOR APPROVAL OF THE ESSSUPER ENTERPRISE AGREEMENT 2020-2023

Banking finance and insurance industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 APRIL 2021

Application for approval of the ESSSuper Enterprise Agreement 2020 -2023.

[1] Emergency Services Superannuation Board T/A Emergency Service & State Super (the Employer) has made an application for approval of an enterprise agreement known as the ESSSuper Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and 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.

[4] The Community and Public Sector Union (CPSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks 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 the organisation.

[5] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Emergency Services Superannuation Board Trading as Emergency Service & State Super (ESSSuper) applied to the Fair Work Commission for approval of the ESSSuper Enterprise Agreement 2020-2023. The application was opposed by the Emergency Services Union of Australia (ESU), which represented employees within the agreement's scope. The dispute centred on the terms of the proposed agreement, including pay rates, conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. Key points of contention were whether the agreement provided a fair and reasonable outcome for employees, and whether it adhered to the criteria for enterprise agreements set out in the legislation. The Commission also had to consider whether the agreement satisfied the "better off overall test," which required that employees be no worse off financially under the new agreement than they would be under the existing industrial instrument.

The Fair Work Commission found that the ESSSuper Enterprise Agreement 2020-2023 met the necessary statutory requirements for approval. The Commission determined that the proposed agreement provided a fair and reasonable outcome for employees, and that it adhered to the criteria for enterprise agreements. The Commission further found that employees would not be worse off financially under the new agreement, satisfying the better off overall test. The Commission approved the agreement, emphasising the importance of maintaining a balanced and fair relationship between employers and employees.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision confirmed the agreement's validity and binding effect, ensuring that the terms of the agreement would govern the employment conditions of the employees within its scope for the specified period.

Emergency Services Superannuation Board T/A Emergency Service & State Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established