Firefighters & Affiliates Credit Co-operative Ltd

[2013] FWCA 8872

[2013] FWCA 8872

FAIR WORK COMMISSION

DECISION

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

Firefighters & Affiliates Credit Co-operative Ltd
(AG2013/11144)

FIREFIGHTERS AND AFFILIATES CREDIT CO-OPERATIVE LIMITED/ FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2013-2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise Agreement 2013-2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Firefighters & Affiliates Credit Co-operative Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise Agreement 2013-2015 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union (the ‘Union’). The Agreement is to cover 6 employees who are employed at the applicant’s credit union in Fitzroy, Victoria.

[2] The employees were last notified of their representational rights on 1 November 2012, and voting for the Agreement’s approval took place on 22 October 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 6 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Enticott, General Manager, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Credit Union Award 1998 [AP772291] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Enticottsaid 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, a rostered day off for every 20 day accounting period, enhanced long service leave entitlements and the indemnity of employees against loss of ordinary wages arising from workplace absences up to a period of twelve months due to injury or illness arising from an incident sustained in a journey between the employee’s residence and the workplace. Rates of pay are to be increased by 3% on 1 January 2013, 1 January 2014 and 1 January 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 30 and 8 respectively, and a disputes resolution procedure at clause 24 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 November 2013, Mr A Roberts appeared for the applicant and Mr R Lowrey 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. Mr Roberts 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 the pay increases due to employees under the Agreement from 1 January 2013 were already being paid. Mr Lowrey supported the submissions of Mr Roberts.

[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 Firefighters and Affiliates Credit Co-operative Limited/ Finance Sector Union Enterprise Agreement 2013-2015.Pursuant to s 54 of the Act, the Agreement shall operate from 19 November 2013 and have a nominal expiry date of 31 December 2015.

DEPUTY PRESIDENT

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