Pillar Administration

[2015] FWCA 7258

[2015] FWCA 7258

FAIR WORK COMMISSION

DECISION

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

Pillar Administration
(AG2015/5194)

PILLAR ADMINISTRATION ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 OCTOBER 2015

Application for approval of the Pillar Administration Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Pillar Administration (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Pillar Administration Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (the ‘Union’) and is to cover 438 administrative and call centre employees engaged in the provision of superannuation services. 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 11 August 2015 and voting for the Agreement’s approval took place between 30 September and 2 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, 165 of the 307 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 October 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms F Abbas, Executive General Manager Corporate Services 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 Abbassaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher salaries, increases to personal and annual leave and paid parental leave of 14 weeks for employees with over 12 months of continuous service. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 10 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 October 2015, Ms F Abbas appeared for the applicant. Ms Abbas 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. She explained that the rates of pay under the Agreement would be backpaid to 1 July 2015. The Union did not appear, but 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.

[5] Having heard the applicant’s 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 Pillar Administration Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 26 October 2015 and have a nominal expiry date of 30 June 2016.

DEPUTY PRESIDENT

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