FSS Trustee Corporation

[2015] FWCA 5940

[2015] FWCA 5940

FAIR WORK COMMISSION

DECISION

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

FSS Trustee Corporation
(AG2015/4634)

FIRST STATE SUPER SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 AUGUST 2015

Application for approval of the First State Super Service Centre Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by FSS Trustee Corporation (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the First State Super Service Centre Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Community and Public Sector Union (the ‘Union’) and is to cover 56 employees who are employed in ‘member-facing’ roles in the applicant’s service centre in Melbourne, Victoria. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 20 May 2015 and voting for the Agreement’s approval took place on 30 and 31 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, all 34 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 August 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Hill, General Manager Human Resources 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 Hillsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Award, including the removal of an entitlement to have time off in lieu paid out at overtime rates if not taken within four weeks of accrual, a less generous First Aid allowance and a flexible higher duties allowance. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the Award, including higher rates of pay, enhanced redundancy entitlements, 14 weeks’ paid parental for parents with primary responsibility and additional personal, carers’ and compassionate leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 5 and 24 respectively, and a disputes resolution procedure at clause 25 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 26 August 2015, Ms R Bernasconi, Solicitor, appeared with Mr S Hill for the applicant and Mr T Wright for the Union. Ms Bernasconi 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 Hill explained that rates of pay are to be increased by 2.5% on 1 July 2016 and 1 July 2017. Mr Wright supported the submissions of Ms Bernasconi and Mr Hill. 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.

[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 First State Super Service Centre Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 2 September 2015 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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