IOOF Service Co Pty Ltd

[2013] FWCA 8084

[2013] FWCA 8084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 210 - Application for approval of a variation of an enterprise agreement

IOOF Service Co Pty Ltd
(AG2013/10761)

PLAN B COLLECTIVE AGREEMENT 2009

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 OCTOBER 2013

Application for variation of the Plan B Collective Agreement 2009.

[1] An application has been made, pursuant to s 210 of the Fair Work Act2009 (the ‘Act’), for the approval of a variation to an enterprise agreement known as the Plan B Collective Agreement 2009 (the ‘Agreement’). The application relies on the provisions of ss 207 to 211 of the Act. It has been made by IOOF Service Co Pty Ltd, owner of Plan B Administration Pty Ltd. The Agreement is a single enterprise agreement. I am satisfied that all of the preapproval steps, set out in ss 207 to 210 of the Act, have been met.

[2] The variation seeks to bind IOOF Service Co Pty Ltd to the terms of the agreement in conjunction with ‘all employees of the Company ... who were previously employed by Plan-B Administration Pty Ltd’ (Clause 1). Furthermore, the variation seeks to alter the employee’s current superannuation arrangements, allowing for the employee to ‘nominate the superannuation fund to which your employer superannuation guarantee contributions are paid’ (Clause 23), yielding greater choice in relation to employee’s superannuation arrangements. Without the variation, the employees have only one superannuation to which their contributions can be remitted.

[3] At a short telephone hearing of the application on 15 October 2013, Ms S Beckley (appearing for the applicant) outlined the background of the application and the reasons for it. She submitted that all of the statutory requirements for approval of a variation of the Agreement have been met, and the Commission should approve the application.

[4] Section 211(1) mandates the Commission must approve the variation if:

‘(a) the FWC is satisfied that had an application been made under section 185 for the approval of the agreement as proposed to be varied, the FWC would have been required to approve the agreement under section 186; and

(b) the FWC is satisfied that the agreement as proposed to be varied would not specify a date as its nominal expiry date which is more than 4 years after the day on which the FWC approved the agreement;

unless the FWC is satisfied that there are serious public interest grounds for not approving the variation.’

[5] In consideration of the variation sought, I have taken particular account of the fact that the proposed variation has received unanimous endorsement from the employees who will be affected by it. Providing greater choice for employees to nominate where their superannuation contributions should go, is obviously in their interests and in the wider public interest. In addition, I am satisfied that all of the statutory requirements for approval of a variation to an enterprise agreement, under s 211, have been met. The variation, which seeks to modify Clauses 1 and 23, is annexed to this decision (Annexure A).

[6] In accordance with s 216 of the Act, the variation to the Agreement will operate on and from 15 October 2013.

DEPUTY PRESIDENT

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<Price code A, AC322067  PR543295>

Annexure A

PROPOSED CLAUSE VARIATION TO COLLECTIVE AGREEMENT

2 clauses of the Plan B Collective Agreement 2009 are to be varied as follows:

Clause 1
To be deleted, and replaced with:

1. WHO IS BOUND BY THIS AGREEMENT

1.1 This Agreement binds:

(a) IOOF Service Co Pty Ltd, Level 22, 207 Kent St, Sydney NSW 2000
ACN 074 572 919 (Company); and

(b) all employees of the Company employed in the classifications contained in this Agreement (Employees) who were previously employed by Plan B Administration Pty Ltd, Level 28, Central Park, 152 -158 St Georges Terrace, Perth WA 6000 prior to acquisition by IOOF Service Co Pty Ltd

Clause 23
To be deleted, and replaced with:

23. SUPERANNUATION

In accordance with superannuation choice of fund legislation you may nominate the superannuation fund to which your employer superannuation guarantee contributions are paid. Please note that your chosen fund must be a complying superannuation fund or retirement savings account and IOOF must be able to make contributions to that fund. Your chosen fund will be able to provide you with the information you need to provide to IOFF, including evidence that the fund is compliant and will accept conditions.

If you do not nominate a complying fund your superannuation will be paid into IOOF’s nominated default fund, Spectrum Saver.