Queensland Country Credit Union Ltd

[2015] FWCA 7956

[2015] FWCA 7956

FAIR WORK COMMISSION

DECISION

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

Queensland Country Credit Union Ltd
(AG2015/6503)

QUEENSLAND COUNTRY CREDIT UNION LTD ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 19 NOVEMBER 2015

Application for approval of the Queensland Country Credit Union Ltd Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Queensland Credit Union Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Queensland Credit Union Ltd Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and six nominated Employee Bargaining Representatives. The Agreement is to cover 195 employees who are employed at branches and the head office of the applicant’s credit union enterprise and who are not in managerial or specialised roles. 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 2 February 2015 and voting for the Agreement’s approval took place between 12 and 20 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot for the Agreement’s approval, 138 of the 154 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 29 October 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Scholefield, Acting General Manager Human Resources identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Credit Unions Administrative and Clerical Officers’ Award – State 2002 [AN140088] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Scholefieldsaid 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 higher rates of pay, enhanced redundancy entitlements and increases to rates of pay of $500 after three, $1,000 after four and $1,500 after five years of service. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.13 and 1.11 respectively, and a disputes resolution procedure at clause 6.8 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 November 2015, Ms J Raffe, Mr S Scholefield and Mr A Newman appeared for the applicant. Ms Raffe and Mr Scholefield 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 Scholefield explained that rates of pay are to be increased by 2.4% or in accordance with the CPI on 1 July 2016 and 1 July 2017. While I had some initial concerns as to whether the Notice of Employee Representational Rights had been issued, having considered material subsequently filed by the applicant on 11 November 2015, I am satisfied that it was issued in the prescribed form and earlier than 21 days before the employee ballot commenced (s 181(2)).

[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 Queensland Country Credit Union Ltd Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 18 November 2015 and have a nominal expiry date of 30 September 2017.

DEPUTY PRESIDENT

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