Finance Sector Union of Australia

[2015] FWCA 5663

[2015] FWCA 5663

FAIR WORK COMMISSION

DECISION

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

Finance Sector Union of Australia
(AG2015/3480)

FINANCE SECTOR UNION STAFF COLLECTIVE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 20 AUGUST 2015

Application for approval of the Finance Sector Union Staff Collective Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Finance Sector Union of Australia (FSU) (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Finance Sector Union Staff Collective Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (ASU) and is to cover 160 employees who are employed by the FSU throughout Australia.

[2] The employees were last notified of their representational rights on 13 January 2015, and voting for the Agreement’s approval took place between 13 and 21 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 92 of the 123 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 31 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms F Jordan, National Secretary, identified the Clerks – Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Jordansaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Award, including the removal of two ten minute rest breaks where an employee works not less than eight hours and reduced penalty rates for work performed on public holidays. However, the Agreement provides for a number of terms and conditions that are in excess, or more beneficial than those under the Award, including higher rates of pay, enhanced redundancy entitlements, more generous superannuation contributions and a shorter ordinary working week. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 13 respectively, and a disputes resolution procedure at clause 15 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 14 August 2015, Mr J Hall appeared for the applicant and Ms K Dickie for the ASU. Mr Hall 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. Mr Hall explained that the Agreement was arranged including a document setting out Terms and Conditions as an Appendix and that this was necessary due to the difference in coverage between paid and elected officials. Mr Hall explained that the Agreement provided for an increase to rates of pay from 1 January 2015. This increase had been paid to the employees on 25 June 2015. Ms Dickie supported the submissions of Mr Hall. The ASU 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 ASU is to be covered by 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 Finance Sector Union Staff Collective Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 21 July 2015 and have a nominal expiry date of 31 December 2015.

DEPUTY PRESIDENT

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