DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Precision Administration Services Pty Ltd
(AG2020/1995)

THE SUNSUPER GROUP ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 27 JULY 2020

Application for variation of The Sunsuper Group Enterprise Agreement 2019.

[1] Application has been made by Precision Administration Services Pty Ltd for approval of a variation to The Sunsuper Group Enterprise Agreement 2019 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 14 February 2020. Those undertakings, as varied by this application, remain part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term remains part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Administration Services Pty Ltd sought a variation to the Sunsuper Group Enterprise Agreement 2019. The applicant argued that changes in their operational structure necessitated alterations to the agreement, which the respondent, the Australian Services Union (ASU), opposed. The matter was heard in the Fair Work Commission, the tribunal tasked with resolving disputes concerning workplace agreements in Australia.

The central legal issues revolved around whether the changes proposed by Precision Administration Services Pty Ltd were justified under the Fair Work Act 2009. Specifically, the tribunal had to consider if the proposed variations met the threshold criteria for a significant change in circumstances and if they were in the interests of the employees. The tribunal also had to weigh the impact of the proposed changes on the employees and whether the variations were necessary to ensure the continued viability of the business.

The Fair Work Commission found that the proposed variations were necessary due to significant changes in Precision Administration Services Pty Ltd's operational structure. The tribunal concluded that the changes were justified as they were essential for the continued operation of the business. Additionally, the tribunal determined that the proposed variations were in the best interests of the employees, as they would not result in a detriment to the employees and would help maintain job security. Consequently, the application for variation of the enterprise agreement was approved. The tribunal issued an order approving the variations to the Sunsuper Group Enterprise Agreement 2019, effective from the date of the decision.

Precision Administration Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established