Maritime Mining & Power Credit Union Ltd

[2014] FWCA 637

[2014] FWCA 637

FAIR WORK COMMISSION

DECISION

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

Maritime Mining & Power Credit Union Ltd
(AG2013/12263)

MARITIME, MINING & POWER CREDIT UNION LTD (MMPCU) ENTERPRISE AGREEMENT

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 JANUARY 2014

Application for approval of the Maritime Mining & Power Credit Union (MMPCU) Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Maritime Mining & Power Credit Union Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Maritime, Mining & Power Credit Union Ltd (MMPCU) Enterprise Agreement (the ‘Agreement’). The Agreement was negotiated with Mr K Barker, an Employee Bargaining Representative. The Agreement is to cover 134 employees who are employed at the applicant’s credit unions across Australia.

[2] The employees were last notified of their representational rights on 12 August 2013, and voting for the Agreement’s approval took place between 19 and 23 December 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 93 of the employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 27 December 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr M Genovese, Chief Executive Officer, identified the Banking, Finance and Insurance Industry Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Genovese said that the Agreement does provide for one less beneficial term in that part time workers may, by mutual agreement, work additional hours and days, up to a maximum of 7 hours per day, five days per week and be paid at their ordinary rate of pay, rather than being paid overtime. However the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the Modern Award, including a 27.5% loading on annual leave and long service leave. Rates of pay are to be increased as follows:

• 1 December 2013 - 3.75% or CPI, whichever is greater;



• 1 July 2014 - 2.19% or CPI, whichever is greater;



• 1 December 2015 - 3.75% or CPI, whichever is greater;



• 1 December 2016 - 3.75% or CPI, whichever is greater; and



• 1 December 2017 - 3.75% or CPI, whichever is greater.

[4] I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 40 and 41 respectively, and a disputes resolution procedure at clause 25 provides for conciliation and arbitration by the Commission.

[5] At a hearing of the application on 21 January 2014, Mr M Genovese appeared for the applicant and Mr K Barker appeared in his capacity as Employee Bargaining Representative. Mr Genovese 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 is to replace an existing enterprise agreement covering the relevant employees. Mr Barker supported the submissions of Mr Genovese and affirmed that he supported the approval of the Agreement.

[6] 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 Maritime, Mining & Power Credit Union (MMPCU) Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 28 January 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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