Helloworld Services Pty Ltd

[2016] FWCA 259

[2016] FWCA 259

FAIR WORK COMMISSION

DECISION

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

Helloworld Services Pty Ltd
(AG2015/7175)

HELLOWORLD SERVICES PTY LIMITED AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 15 JANUARY 2016

Application for approval of the Helloworld Services Pty Limited Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Helloworld Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Helloworld Services Pty Limited Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and is to cover 278 employees who are engaged in clerical roles in the travel industry across Australia. 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 19 May 2015 and voting for the Agreement’s approval took place between 8 and 11 December 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 113 of the 126 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 December 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Harcombe, HR Manager, identified the Clerks - Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Harcombesaid that the Agreement does provide for some terms and conditions that are less beneficial than the Award, including a change to the definition of night shift and reduced entitlements for shiftworkers working on weekends and public holidays who would not usually do so. However, the Agreement provides for higher rates of pay, longer minimum engagements and enhanced redundancy entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 29 respectively, and a disputes resolution procedure at clause 27 provides for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 11 January 2016, Ms J Oldmeadow of Oldmeadow Consultingappeared with Mr M Harcombe for the applicant. Ms Oldmeadow 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. She explained that rates of pay are to be increased by 2.5% on 30 April 2016 and 30 April 2017 and should the Commission’s Minimum Wage Review provide for an increase greater than 2.5%, the difference will be backpaid to the employees effective from 30 April 2016 or 30 April 2017. The Union did not appear, but 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 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 Helloworld Services Pty Limited Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 18 January 2016 and have a nominal expiry date of 30 April 2018.

DEPUTY PRESIDENT

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