Protect Services Pty Ltd as trustee for the Protect Services Trust

[2013] FWCA 7959

[2013] FWCA 7959

FAIR WORK COMMISSION

DECISION

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

Protect Services Pty Ltd as trustee for the Protect Services Trust
(AG2013/10690)

PROTECT SERVICES ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 10 OCTOBER 2013

Application for approval of the Protect Services Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Protect Services Pty Ltd, as trustee for the Protect Services Trust (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Protect Services Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with Ms Charmaine Farrugia, the employees’ bargaining representative. The Agreement is to cover 8 employees who are engaged in administrative duties, including answering telephone calls and enquiries from members of the scheme. 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 4 June 2013, and voting for the Agreement’s approval took place on 26 September 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a show of hands, 6 of the 6 employees who cast a vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 1 October 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr Alexander Arthur McCallum identified the Banking, Finance and Insurance Award 2010 [MA 000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr McCallumsaid that the Agreement provided for a number of more beneficial terms when compared with the Award. These included salaries under the Agreement are far more beneficial than those provided for under the Award. The Agreement also provides for rostered days off, a wage increase of 4% per year effective from 1 July every year, an increase in paid compassionate leave, additional paid parental leave for qualifying employees, income protection and insurance, as well as an enhanced severance pay package. Mr McCallum stated that the Agreement did not contain any less beneficial terms or conditions when compared with the Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 39 and 38 respectively, and a disputes resolution procedure at clause 40 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 October 2013, Mr McCallum appeared for the applicant and Ms Farrugia appeared in her capacity as the employees’ bargaining representative. Mr McCallum 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. Mr McCallum explained that the applicant is engaged in the provision of a severance scheme and injury insurance to workers in a number of trades industries. He stated that the 4% increase of the employees’ salaries available from 1 July 2013, has already been paid. Ms Farrugia informed me that she was happy with 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 Protect Services Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 17 October 2013 and have a nominal expiry date of 16 October 2017.

DEPUTY PRESIDENT

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