Healesville & District Community Enterprise Limited

[2013] FWCA 7753

[2013] FWCA 7753

FAIR WORK COMMISSION

DECISION

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

Healesville & District Community Enterprise Limited
(AG2013/10599)

HEALESVILLE & DISTRICT COMMUNITY ENTERPRISE LIMITED ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 OCTOBER 2013

Application for approval of the Healesville & District Community Enterprises Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Healesville & District Community Enterprise Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Healesville & District Community Enterprises Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with Ms Nicole Manuell and Ms Cheryl McGeorge (the ‘employees bargaining representatives’). The Agreement is to cover four employees who are engaged in clerical roles of the business. 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 6 March 2013, and voting for the Agreement’s approval took place on 11 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 4 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 September 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr G J Slater, Director, identified the Banking, Finance and Insurance Award 2010 [MA000019] (the ‘Award’) as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Slatersaid that the Agreement provides for more beneficial ordinary rates of pay for part-time employees, junior wage rates are set at a rate equal to or better than the Award rate, adult wage rates for Grades 3 and 4 exceed the rates for equivalent grades under the Award, and as a result of the higher wage rates, the employees will be better off generally notwithstanding that overtime begins half an hour later as compared to the Award (after 3.5 hours compared to 3 hours). Furthermore, the agreement provides for an earlier entitlement to meal breaks compared to the Award, up to three more days of Bereavement leave compared to the National Employment Standard, equal or higher severance payments compared to the National Employment Standard and a laundry allowance which is not provided for under the Award. There is one provision that is less favourable, that is, in respect of higher duties allowance. An employee must work at higher duties for five or more consecutive days before being entitled to higher duties allowance compared with four or more consecutive days under the Award. Overall, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure clause 25 provides for mediation and arbitration by independent third parties.

[4] At a hearing of the application on 2 October 2013, Ms J Cakebread, appeared for the applicant along with Ms N Manuell and Ms C McGoerge as employees bargaining representatives. Ms Cakebread 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. Ms Cakebread informed me that this Agreement was in many ways similar to a number of agreements in respect of regional banks in Victoria and South Australia that had been previously approved by the Commission. She noted two significant differences in this particular Agreement, first, the Agreement provides for a choice of a superfund in clause 8.9 and, second, should the employer wish to permanently change an employee’s ordinary hours of work, the employer is required to give four weeks’ notice. Both Ms Manuell and Ms McGeorge indicated that they were happy with the Agreement.

[5] Having heard the applicant’s 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 Healesville & District Community Enterprise Limited Enterprise Agreement 2013. Pursuant to s 54 of the Act, the Agreement shall operate from 9 October 2013 and have a nominal expiry date of 8 October 2017.

DEPUTY PRESIDENT

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