One QSuper Pty Ltd

[2015] FWCA 5631

[2015] FWCA 5631

FAIR WORK COMMISSION

DECISION

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

One QSuper Pty Ltd
(AG2015/4190)

ONE QSUPER ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 20 AUGUST 2015

Application for approval of the One QSuper Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by One QSuper Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the One QSuper Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Together Queensland, Industrial Union of Employees (the ‘Union’) and ten nominated Employee Bargaining Representatives. The Agreement is to cover 571 employees who are engaged in the provision of customer service and other professional and specialist services for the applicant’s superannuation fund. It does not cover managerial, high level or highly specialised positions who are generally covered by individual contacts of employment. 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 23 February 2015, and voting for the Agreement’s approval took place between 29 June and 3 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, 233 of the 396 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 16 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms G Walshaw, HR Professional, 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 Walshawsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the Award, including an increased span of hours, less generous overtime rates on Saturdays and a longer notice period for shorter serving employees. 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, an ordinary working week of 36.25 hours, enhanced superannuation entitlements and 16 weeks’ paid primary parental leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 62 and 59 respectively, and a disputes resolution procedure at clause 61 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 13 August 2015, Mr D Perry, Solicitor and M S Crilly, Solicitor,appeared with Ms N Bromley for the applicant, Mr M Thomas for the Union and Ms K Hopper in her capacity as EBR. Mr Perry 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 sought that the Commission exercise its power pursuant to s 586(a) to amend the following drafting errors in the Agreement:

● The reference to clause 8 in clause 31 should be a reference to clause 47;
● The reference in clause 44.5 to ‘person leave’ should be amended to read as ‘personal leave’;
● The reference in clause 60.6 to ‘working group’ should be amended to read as ‘JCC’; and
● The reference to cl 59 in Appendix A – Dictionary should be a reference to cl 42.

To the extent that it is necessary for me to do so, I exercise the Commission’s powers to s 586(a) to amend the Agreement to correct these errors.

[5] Mr Perry explained that rates of pay are to be increased by 2.5% are to be effective from 1 May in each year of the nominal term of the Agreement and, in response to a question from me, agreed that the reference to ‘1 May 2015’ in the final sentence of cl 33.3 should be amended to refer to ‘1 May’. Employees are also eligible for a further merit based increase of 0.5%. I Mr Thomas and Ms Hopper supported the submissions of Mr Perry. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by 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 One QSuper Enterprise Agreement 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 20 August 2015 and have a nominal expiry date of 30 April 2018.

DEPUTY PRESIDENT

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