Statewide Superannuation Pty Ltd T/A Statewide Super Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Statewide Superannuation Pty Ltd, trading as Statewide Super, sought approval of the 2021-2024 Enterprise Agreement. The application was made in the Fair Work Commission, with the dispute arising from the negotiation and content of the proposed enterprise agreement. The applicant and the employees' representatives had been unable to reach a consensus on the terms of the agreement, leading to the application for approval by the Commission.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions concerning minimum entitlements, provided for genuine bargaining, and did not include terms that were contrary to public policy. The applicant argued that the agreement fairly reflected the terms and conditions of employment and that the negotiation process had been genuine.

The Commission considered the evidence provided by both parties and the statutory criteria for approving an enterprise agreement. The Commission found that the proposed agreement contained terms that were consistent with the minimum entitlements required by law and that the negotiation process had been genuine. However, the Commission identified that some provisions in the agreement could be seen as contrary to public policy, particularly those that appeared to limit employees' rights to take certain types of leave. The Commission varied the agreement to remove these provisions and approved the balance of the agreement.

The final orders of the Commission were that the Statewide Superannuation Pty Ltd 2021-2024 Enterprise Agreement, as varied by the Commission, was approved. The varied agreement was to be registered by the Commission and would apply to the employees of the applicant from the date of the decision. The applicant and the employees' representatives were directed to take all necessary steps to give effect to the approved agreement.

Statewide Superannuation Pty Ltd T/A Statewide Super

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established