Pulse Credit Union Limited

[2014] FWCA 4690

[2014] FWCA 4690

FAIR WORK COMMISSION

DECISION

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

Pulse Credit Union Limited
(AG2014/6588)

PULSE CREDIT UNION LTD ENTERPRISE AGREEMENT 2011-2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 14 JULY 2014

Application for approval of the Pulse Credit Union Ltd Enterprise Agreement 2011-2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Pulse Credit Union Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Pulse Credit Union Ltd Enterprise Agreement 2011-2014 (the ‘Agreement’). The Agreement was negotiated with a non-Union Employee Bargaining Representative and is to cover 19 employees who are employed at a number of credit unions in Victoria.

[2] The employees were last notified of their representational rights on 3 June 2014, and voting for the Agreement’s approval took place on 24 June 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 19 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 26 June 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Andrews, Credit Union Officer, 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’). Mr Andrewssaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for job share arrangements, enhanced redundancy entitlements and an option to take two days in lieu rather than overtime where work is performed on a public holiday. Rates of pay are to be increased by 2.5% or in accordance with the Commission’s Minimum Wage Review Decisions, whichever is the higher, on 1 July each year during the Agreement’s nominal term. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation, mediation and consent arbitration by the Commission.

[4] At a hearing of the application on 11 July 2014, Mr D Andrews appeared for the applicant and Ms J O’Brien appeared in her capacity as an Employee Bargaining Representative. Mr Andrews 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. He explained that the Agreement was largely in similar terms to another enterprise agreement which also covers the applicant and which was approved by the Commission in 2011.

[5] Having heard the parties’ 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 Pulse Credit Union Ltd Enterprise Agreement 2011-2014.Pursuant to s 54 of the Act, the Agreement shall operate from 18 July 2014 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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