Police Credit Union Ltd

[2013] FWCA 9917

[2013] FWCA 9917

FAIR WORK COMMISSION

DECISION

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

Police Credit Union Ltd
(AG2013/11868)

POLICE CREDIT UNION ENTERPRISE AGREEMENT 2013-2016

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 18 DECEMBER 2013

Application for approval of the Police Credit Union Enterprise Agreement 2013-2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Police 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 Police Credit Union Enterprise Agreement 2013-2016 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’). The Agreement is to cover 135 employees who are employed at the applicant’s credit unions in South Australia and the Northern Territory.

[2] The employees were last notified of their representational rights on 28 June 2013, and voting for the Agreement’s approval took place on 19 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic vote, 85 of the 102 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 December 2013, thereby satisfying s 185(3) of the Act. The Union has 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.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Brock, Executive Manager, Marketing, Products and People, 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 Brocksaid that the Agreement does contain one condition that is less beneficial than under the Modern Award, in that the Agreement provides for a casual loading of 20% rather than 25%. However, she said that the Agreement provides for a higher rate of pay meaning that casual employees are paid more under the Agreement than they are under the Award. The Agreement also provides for a number of other terms and conditions that are more beneficial than those under the reference instrument, including 26 days of annual leave, paid community service leave, increased superannuation contributions for long serving staff and enhanced parental and grandparents’ leave. Rates of pay are to be increased by 3% or with reference to the Commission’s Minimum Wage Review Decision, whichever is the higher, on 17 September 2013, 17 September 2014 and 17 September 2015 I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 28 and 29 respectively, and a disputes resolution procedure at clause 27 provides for conciliation and arbitration by the Commission.

[4] Having reviewed 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 Police Credit Union Enterprise Agreement 2013-2016.Pursuant to s 54 of the Act, the Agreement shall operate from 25 December 2013 and have a nominal expiry date of 31 December 2016.

DEPUTY PRESIDENT

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