Ss&C Administration Services (Australia) Pty Limited T/A Ss&C Administration Services (Australia) Pty Limited

[2024] FWCA 3737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ss&C Administration Services (Australia) Pty Limited T/A Ss&C Administration Services (Australia) Pty Limited

(AG2024/3709)

SS&C ADMINISTRATION SERVICES (AUSTRALIA) ENTERPRISE AGREEMENT 2024 - 2027

Banking finance and insurance industry
COMMISSIONER FOX	MELBOURNE, 28 OCTOBER 2024

Application for approval of the SS&C Administration Services (Australia) Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the SS&C Administration Services (Australia) Enterprise Agreement 2024 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights issued to employees on 12 March 2024 titled the Agreement as the ‘SS&C Administration Services Enterprise Agreement 2024’ whilst the Agreement is titled the ‘SS&C Administration Services (Australia) Enterprise Agreement 2024 – 2027’ (emphasis added). I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] that this constitutes a minor technical or procedural error for the purposes of s.188(5)(a) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ss&C Administration Services (Australia) Pty Limited, trading as Ss&C Administration Services (Australia) Pty Limited, applied for approval of an enterprise agreement for the period 2024 to 2027. The applicant sought to enter into an agreement that would govern the terms and conditions of employment for its employees. The dispute centred on the specifics of the proposed agreement and whether it complied with the relevant statutory requirements and the principles of fairness.

The legal issues before the court encompassed the procedural fairness of the agreement, its compliance with the Fair Work Act 2009, and its conformity with the Fair Work (Registered Organisations) Act 2009. The court had to determine whether the agreement was made in good faith, if it contained the necessary provisions, and if it met the standards of procedural and substantive fairness. Additionally, the court assessed whether the agreement was appropriately negotiated and whether it provided for the minimum entitlements mandated by the legislation.

Upon review, the court found that the proposed agreement adhered to the statutory requirements and the principles of fairness. It was evident that the agreement was negotiated in good faith, contained all necessary provisions, and was compliant with the Fair Work Act 2009. The court noted that the agreement provided for minimum entitlements and was procedurally and substantively fair. Consequently, the court approved the enterprise agreement.

The court ordered that the SS&C Administration Services (Australia) Enterprise Agreement 2024–2027 be approved and registered, effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the employees of the applicant, as specified in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established