Statewide Superannuation Pty Ltd T/A Statewide Super

[2018] FWCA 5869

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Statewide Superannuation Pty Ltd T/A Statewide Super

(AG2018/2043)

Statewide Superannuation Pty Ltd 2018-2021 Enterprise Agreement

Banking finance and insurance industry
Commissioner McKinnon	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Statewide Superannuation Pty Ltd 2018-2021 Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Statewide Superannuation Pty Ltd 2018-2021 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Superannuation Pty Ltd T/A Statewide Super. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. 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.

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.

The Agreement lodged contained an error at Clause 7.3. On 17 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Statewide Superannuation Pty Ltd, trading as Statewide Super, applied to the Fair Work Commission for the approval of its 2018-2021 Enterprise Agreement. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements in Australia. The nature of the dispute centred around whether the proposed agreement complied with the requirements set forth in the legislation and if it met the criteria for being a "better off overall test" agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it met the "no disbenefit" test, and if it complied with the provisions of the Fair Work Act. The Commission had to determine whether the agreement was made in good faith and whether it provided for fair terms and conditions of employment.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the "no disbenefit" test, meaning that employees would not be worse off financially or in terms of conditions. The Commission also determined that the agreement complied with the provisions of the Fair Work Act and that it was a "better off overall test" agreement. Therefore, the application for approval of the 2018-2021 Enterprise Agreement was successful.

Consequently, the Fair Work Commission approved the Statewide Superannuation Pty Ltd 2018-2021 Enterprise Agreement, recognising it as a valid and legally binding agreement between the employer and its employees. This decision ensured that the agreement would continue to govern the terms and conditions of employment for the specified period, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established