Murrindindi Community Enterprises Limited

[2013] FWCA 8966

[2013] FWCA 8966

FAIR WORK COMMISSION

DECISION

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

Murrindindi Community Enterprises Limited
(AG2013/10004)

MURRINDINDI COMMUNITY ENTERPRISES LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Murrindindi Community Enterprises Limited Community Bank Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Murrindindi Community Enterprises Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Murrindindi Community Enterprises Limited Community Bank Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with an Employee Bargaining Representative, Ms K Gouldthorpe. The Agreement is to cover 4 employees who are engaged in clerical roles at the applicant’s community banking franchise near Yea, 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 18 August 2013, and voting for the Agreement’s approval took place between 21 October and 25 October 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 4 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Chadband, 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’). Ms Chadbandsaid that the Agreement does contain one term that is less beneficial in that an employee must work at higher duties for five or more consecutive days before being entitled to the higher duties allowance, as opposed to four or more consecutive days under the Modern Award. 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 higher rates of pay, more generous penalty rates for work performed on Saturdays and enhanced severance entitlements. 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 independent third parties.

[4] At a hearing of the application on 14 November 2013, Mr D Villani appeared for the applicant and Ms K Gouldthorpe appeared in her capacity as Employee Bargaining Representative. 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 this Agreement was similar to a number of other enterprise agreements that have recently been approved by the Commission. Ms Gouldthorpe supported the submissions of Mr Villani and indicated that the 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 Murrindindi Community Enterprises Limited Community Bank Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 21 November 2013 and have a nominal expiry date of 21 November 2016.

DEPUTY PRESIDENT

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