Queensland Country Credit Union Ltd

[2014] FWCA 541

[2014] FWCA 541

FAIR WORK COMMISSION

DECISION

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

Queensland Country Credit Union Ltd
(AG2013/12061)

QUEENSLAND COUNTRY CREDIT UNION LTD ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 JANUARY 2014

Application for approval of the Queensland Country Credit Union Ltd Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Queensland Country 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 Country Credit Union Ltd Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union, Queensland (Services and Northern Administrative) Branch (the ‘Union’). The Agreement is to cover 212 employees who are employed at the applicant’s credit unions across Queensland.

[2] The employees were last notified of their representational rights on 8 January 2013, and voting for the Agreement’s approval took place between 26 November and 5 December 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 154 of the 192 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 16 January 2014, 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 enhanced redundancy entitlements, five weeks annual leave, more generous travelling entitlements and a Wellness Program. Rates of pay are to be increased by 2.25% on 1 July 2014 and 2015. A further increase is applicable on the same dates based on the Employer’s Return on Assets using audited financial figures. 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 16 January 2014, Mr S Scholefield,appeared for the applicant and Ms M Robertson for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. 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. He explained that the increase to rates of pay based on the applicant’s Return on Assets had been a feature of the applicant’s workplace arrangements for a number of years. He also drew attention to the Years of Service Wage Rate Increases pursuant to clause 3.3, which provides for permanent increases of $500 per annum after completion of three, four and five years of service. Ms Robertson supported the submissions of Mr Scholefield and said that the members of the Union were satisfied with the Agreement.

[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 Queensland Country Credit Union Ltd Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 23 January 2014 and have a nominal expiry date of 30 September 2015.

DEPUTY PRESIDENT

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