Statewide Superannuation Pty Ltd T/A Statewide Super

[2021] FWCA 7001

[2021] FWCA 7001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Superannuation Pty Ltd T/A Statewide Super
(AG2021/8549)

STATEWIDE SUPERANNUATION PTY LTD 2021-2024 ENTERPRISE AGREEMENT

Banking finance and insurance industry
COMMISSIONER PLATT	ADELAIDE, 8 DECEMBER 2021

Application for approval of the Statewide Superannuation Pty Ltd 2021-2024 Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement known as the Statewide Superannuation Pty Ltd 2021-2024 Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Statewide Superannuation Pty Ltd T/A Statewide Super (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 November 2021.

[3] On 2 December 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 December 2021. The undertaking deals with the following topics:

•  If an employee fails to give the required notice, the company may only withhold wages due to the employee to an amount not exceeding one week’s pay.

•  Where a part time employee agrees to work additional ordinary hours, the company will conduct monthly reconciliations to ensure the employee will be paid an amount in that pay period that is at least as much as the amount that they would have received under the Banking Finance and Insurance Award 2020 (the Award).

•  The company will conduct monthly reconciliations to ensure that, employees engaged in a call centre who work ordinary hours on a Saturday and/or Sunday will be paid at least as much as the amount that the employee would have received under the Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, 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 this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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