Lara District Community Enterprise Limited

[2014] FWCA 6147

[2014] FWCA 6147

FAIR WORK COMMISSION

DECISION

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

Lara District Community Enterprise Limited
(AG2014/7250)

LARA DISTRICT COMMUNITY ENTERPRISE LIMITED ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the Lara District Community Enterprise Limited Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Lara 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 Lara District Community Enterprise Limited Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with Ms D Van Doren, an Employee Bargaining Representative (EBR) and is to cover 3 employees, aside from those employed at the managerial level, who are engaged at the applicant’s community banking franchise in Lara, Victoria. 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 March 2014, and voting for the Agreement’s approval took place on 14 August 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 3 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 26 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr A Hilliard, Director, identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Hilliardsaid that the Agreement does provide for one condition that is less beneficial than under the Award, in that an employee will be paid a higher duties allowance where they work five, rather than four, consecutive days in a position higher than the one in which they are employed. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher base rates of pay, enhanced junior rates of pay and extended severance pay entitlements. Increases to rates of pay are based on the performance of the Company and the performance of individual employees. 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 at clause 25 provides for mediation and arbitration by an independent third party.

[4] At a hearing of the application on 3 September 2014, Mr D Villani appeared for the applicant and Ms D Van Doren appeared in her capacity as EBR. Mr Villani 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 Agreement was largely similar to a number of enterprise agreements approved recently by the Commission in relation to community banking franchises of the Bendigo and Adelaide Bank, but that this Agreement also provided for penalty rates of time and a half for work performed on Saturdays. Ms Van Doren confirmed that she and the other employees were happy with 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 Lara District Community Enterprise Limited Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 10 September 2014 and have a nominal expiry date of 9 September 2018.

DEPUTY PRESIDENT

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