DECISION

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

Service One Mutual Limited T/A Service One
(AG2019/2344)

SERVICE ONE MUTUAL LIMITED STAFF ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT BULL	SYDNEY, 8 AUGUST 2019

Application for approval of the Service One Mutual Limited Staff Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Service One Mutual Limited T/A Service One(the applicant) for the approval of an enterprise agreement known as the Service One Mutual Limited Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Definition of a shift worker;

• Payment for casual and part-time employees for staff training and development activities;

• Cashing out of Time Off in Lieu (TOIL) at the applicable rate any time after TOIL is accrued; and

• Loading amounts paid to employees.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Financial Sector Union of Australia (FSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings along with the other bargaining representatives. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service One Mutual Limited, trading as Service One, filed an application for the approval of the Service One Mutual Limited Staff Enterprise Agreement 2019 with the Fair Work Commission. The application centred around the terms and conditions of employment outlined in the agreement, which sought to be approved as a certified agreement under the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU) intervened in the proceedings, objecting to the proposed agreement on various grounds.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Fair Work Act, whether it met the standards of good faith bargaining, and whether it provided adequate protections for employees. Additionally, the Commission had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The primary focus was on the fairness and reasonableness of the terms, including wages, conditions of employment, and dispute resolution mechanisms.

In its decision, the Commission found that the agreement was procedurally sound and met the necessary standards of good faith bargaining. It determined that the terms and conditions proposed in the agreement were fair and reasonable, providing adequate protections for employees while balancing the interests of the employer. The Commission approved the Service One Mutual Limited Staff Enterprise Agreement 2019, acknowledging that it was consistent with relevant legislative requirements and reflected a fair and reasonable outcome for all parties involved.

The Commission's final orders were that the Service One Mutual Limited Staff Enterprise Agreement 2019 be approved as a certified agreement under section 173 of the Fair Work Act. The agreement was to be registered by the Commission and would take effect from the date of registration, governing the terms and conditions of employment for the staff of Service One Mutual Limited.

Service One Mutual Limited T/A Service One

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established