Precision Administration Services Pty Ltd; Sunsuper Pty Ltd T/A Sunsuper

[2020] FWCA 816

[2020] FWCA 816

FAIR WORK COMMISSION

DECISION

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

Precision Administration Services Pty Ltd; Sunsuper Pty Ltd T/A Sunsuper
(AG2019/4071)

THE SUNSUPER GROUP ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 FEBRUARY 2020

Application for approval of The Sunsuper Group Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Sunsuper Group Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Administration Services Pty Ltd and Sunsuper Pty Ltd T/A Sunsuper (the Employers). The Agreement is a multi-enterprise agreement.

[2] Undertakings were provided by the Employers in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507101  PR716762>

Annexure A