SGE Credit Union Limited

[2014] FWCA 5252

[2014] FWCA 5252

FAIR WORK COMMISSION

DECISION

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

SGE Credit Union Limited
(AG2014/1774)

SGE ENTERPRISE AGREEMENT (2014 - 2017)

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 8 AUGUST 2014

Application for approval of the SGE Enterprise Agreement (2014 - 2017).

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by SGE 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 SGE Enterprise Agreement (2014 - 2017) (the ‘Agreement’). The Agreement was negotiated with Finance Sector Union of Australia (the ‘Union’) and is to cover 69 employees who are engaged in the provision of financial services at the applicant’s credit union. 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 25 February 2014, and voting for the Agreement’s approval commenced on 1 July 2014 and concluded on 3 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 41 of the 44 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 July 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms Rosanna Argall, Deputy CEO and Company Secretary, identified the Banking, Finance and Insurance Award 2010 [MA000019] and Credit Union Award 1998 [AP772291] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Argall said 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 a rate of pay which is 10-15% higher than the Award, enhanced leave and hours of work provisions, a Study Reward programme and discounted financial services. Rates of pay are to be increased by 2.8% on 1 July 2015 and 1 July 2016, and a 2.5% increase has already been applied as of 1 July 2014. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.6 and 2 respectively, and a dispute resolution procedure at clause 2.3 provides for arbitration by the Commission.

[4] At a hearing of the application on 1 August 2014, Ms R Argall, Deputy CEO and Company Secretary appeared with Ms V Tomic, Senior Manager for the applicant, and Mr D Peddie appeared with Mr J Ferguson 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. Ms Argall 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 Peddie supported the submissions of Ms Argall.

[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 SGE Enterprise Agreement (2014 - 2017). Pursuant to s 54 of the Act, the Agreement shall operate from 8 August 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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