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

Annexure A

CaseChat Overview and Summary

Precision Administration Services Pty Ltd and Sunsuper Pty Ltd, trading as Sunsuper, appeared before the Fair Work Commission, seeking approval of The Sunsuper Group Enterprise Agreement 2019. Precision Administration Services Pty Ltd is an employer, and Sunsuper is a trade union representing employees within the superannuation industry. The dispute centred on the need for the Commission to approve the enterprise agreement, ensuring it met the necessary criteria under the Fair Work Act 2009.

The legal issues before the Commission involved whether the enterprise agreement satisfied the requirements for approval, including provisions for minimum wages, conditions of employment, and the procedural fairness of the agreement's negotiation and drafting process. The union contended that the agreement appropriately balanced the interests of both employers and employees, while the employer raised concerns about the potential financial implications of certain clauses.

The Fair Work Commission considered the arguments presented and reviewed the negotiation process to determine if it adhered to the legal standards for good faith bargaining. The Commission assessed the fairness of the agreement's terms, taking into account the nature of the industry and the economic context. Ultimately, the Commission found that the agreement met the necessary criteria for approval, balancing the interests of both parties and ensuring compliance with the relevant statutory requirements. Consequently, the application for approval was successful.

In light of the decision, the Fair Work Commission approved The Sunsuper Group Enterprise Agreement 2019, effective from the date of the decision. The agreement now forms the basis for employment conditions within the specified scope, governing the relationship between Precision Administration Services Pty Ltd and its employees as represented by Sunsuper.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established