Horizon Credit Union Limited

[2015] FWCA 1132

[2015] FWCA 1132

FAIR WORK COMMISSION

DECISION

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

Horizon Credit Union Limited
(AG2015/225)

HORIZON CREDIT UNION EMPLOYEES ENTERPRISE AGREEMENT 2014-2017

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 18 FEBRUARY 2015

Application for approval of the Horizon Credit Union Employees Enterprise Agreement 2014-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Horizon Credit Union (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Horizon Credit Union Employees Enterprise Agreement 2014-2017 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover all 53 employees who are engaged at the Horizon Credit Union Ltd, at its 9 offices situated in southern New South Wales.

[2] The employees were last notified of their representational rights on 30 April 2014, and voting for the Agreement’s approval took place on 19 January 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 26 of the employees out of 49 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 February 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application, Sandra Stevenson, Operations Manager, identified the Award Banking Finance and Insurance Award 2010 as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Stevensonsaid 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 instrument. She identified that there were some terms that were less beneficial than those contained within the Modern Award, but the Agreement still satisfied the BOOT. Rates of pay under the Agreement are to be increased each year on 1 November until the year 2016 at 3% in 2014, 2.5% in 2015 and 2.5% in 2016. Last years increase will be paid upon approval of the Agreement. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 8 respectively, and a disputes resolution procedure at clause 7 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 17 February 2015, Ms Stevenson, appeared for the applicant and Ms Fernandez for the Union. Ms Stevenson 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. 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. Ms Fernandez confirmed her Unions support for the approval of 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 Horizon Credit Union Employees Enterprise Agreement 2014-2017. Pursuant to s 54 of the Act, the Agreement shall operate from 24 February 2015 and have a nominal expiry date of 31 October 2017.

DEPUTY PRESIDENT

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