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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Queensland Country Credit Union Limited sought approval of the Queensland Country Credit Union Limited Enterprise Agreement 2015. The applicant argued that the agreement met all the statutory requirements and provided for the employees' fair and reasonable terms of employment. The Australian Council of Trade Unions and the Finance Sector Union of Australia opposed the application, contending that the agreement was deficient in several respects, including the failure to provide for appropriate penalty rates and inadequate provisions for redundancy payments.

The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it complied with the minimum standards set out in the National Employment Standards. The Commission also needed to consider whether the agreement provided for appropriate penalty rates, including for work on Sundays and public holidays, and whether it contained adequate provisions for redundancy payments.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for terms and conditions of employment that were fair and reasonable, and it complied with the minimum standards set out in the National Employment Standards. The Commission also found that the agreement provided for appropriate penalty rates, including for work on Sundays and public holidays, and that it contained adequate provisions for redundancy payments. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Commission ordered that the Queensland Country Credit Union Limited Enterprise Agreement 2015 be approved as a registered agreement. The agreement was to be registered on the Register of Approved Agreements and would have effect from the date of registration. The Commission also ordered that the agreement be published on its website and that copies be provided to the parties and the relevant industrial registers.

Queensland Country Credit Union Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established