Greater Building Society Limited

[2014] FWCA 8474

[2014] FWCA 8474

FAIR WORK COMMISSION

DECISION

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

Greater Building Society Limited
(AG2014/9927)

THE GREATER BUILDING SOCIETY LTD ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 DECEMBER 2014

Application for approval of The Greater Building Society Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Greater Building Society Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Greater Building Society Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the New South Wales Local Government, Clerical, Administrative Energy, Airlines and Utilities Union (the ‘Union’) and 15 non-Union Employee Bargaining Representatives. The Agreement is to cover 722 employees who are employed at the applicant’s credit unions in New South Wales and South East Queensland.

[2] The employees were last notified of their representational rights on 18 February 2014 and voting for the Agreement’s approval took place between 27 October and 12 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot conducted by Elections Australia Pty Ltd, 449 of the 589 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 November 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Bagnall, Human Resources Manager, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Clerical and Administrative Employees in Permanent Building Societies (State) Award [AN120129] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Bagnallsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including reduced overtime entitlements for part time employees, expanded ordinary hours of work and the removal of annual leave loading. However the Agreement provides for a number of terms and conditions that are in excess or, or more beneficial than those under the reference instruments, including higher rates of pay, 30% casual loading , the provision of one fee free account per employee and a 40% penalty loading for work performed on Saturdays. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility clause at clauses 7.2 and 7.3, the mandatory consultation terms at clauses 3.2 and 6.1respectively. A disputes resolution procedure at clause 7.4 erroneously refers to Fair Work Australia, but I take this as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 24 November 2014, Mr J Oakes and Ms C Corbett-Burns appeared for the applicant and Mr P Sansom 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 Oakes 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 rates of pay are to be increased by 3.1% on 3 July 2014, 2 July 2015 and7 July 2016. The increase due on 3 July 2014 would be backpaid on approval of the Agreement by the Commission. Mr Sansom supported the submissions of Mr Oakes.

[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 Greater Building Society Ltd Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 1 December 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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