One QSuper Pty Ltd T/A QSuper, QInvest, QInsure

[2021] FWCA 4780

[2021] FWCA 4780

FAIR WORK COMMISSION

DECISION

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

One QSuper Pty Ltd T/A QSuper, QInvest, QInsure
(AG2021/5903)

ONE QSUPER ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER SPENCER	BRISBANE, 6 AUGUST 2021

Application for variation of the One QSuper Enterprise Agreement 2018.

[1] An Application has been made for a variation of the One QSuper Enterprise Agreement 2018 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by One QSuper Pty Ltd T/A QSuper, QInvest, QInsure (the Applicant).

[2] The Applicant sought to extend the Agreement with associated variations, to increase some relevant wage rates and allowances including Clause 3(a) by adjusting the nominal expiry date of the Agreement to 30 June 2022, Clause 35 to increase the on-call allowance from 1 July 2021 and Clause 49(b) to increase salary by 2% from 1 July 2021. Additionally, the Applicant sought to vary Clause 52 to include a merit increase for 2021 of 1%, Clause 55(b) to include 2021 in the Performance Incentive Payment, Clause 57(c) to include 2021 and finally, Schedule B to include a 2021 Salary Band.

[3] The Applicant provided details on the Form F23A – Employer’s declaration in support of variation of an enterprise agreement, of multiple occasions between 12 April 2021 and 15 June 2021 where the employees were provided details of the variation and had the opportunity to ask questions. This included an email box for employees to ask questions and multiple ‘drop-in’ sessions with the HR Team and Leaders.

[4] The Applicant indicated that on 1 June 2021 the employee intranet page was updated to include the proposed variation, as well as the current and proposed enterprise agreements. Further, on 2 June 2021, all employees covered by the Agreement, including those who were approved to be absent from work during the access period, were emailed the proposed variation, as well as the current and proposed enterprise agreements. The Applicant also indicated that on 2 June 2021 all employees received an email including the voting method, electronic, how to vote and the date and times the voting period was open. The voting for the variation began on 10 June 2021 and concluded on 15 June 2021. Out of the 212 employees who voted, 204 voted in favour of the variation.

[5] On 6 August 2021, the Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) submitted a Form F23B Declaration of employee organisation in relation to variation of an enterprise agreement, which indicated that they are covered by the Agreement and consented to the variation.

[6] I am satisfied that each of the requirements of ss.210 and 211 of the Act, as are relevant to this Application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; a copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation. I am also satisfied that the Agreement, as varied, continues to pass the better off overall test.

[7] In accordance with s.216 of the Act, the variation operates from 6 August 2021. A consolidated copy of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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ANNEXURE A