Strzelecki Ranges Community Enterprises Limited

[2013] FWCA 7513

[2013] FWCA 7513

FAIR WORK COMMISSION

DECISION

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

Strzelecki Ranges Community Enterprises Limited
(AG2013/2749)

STRZELECKI RANGES COMMUNITY ENTERPRISES LIMITED ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Strzelecki Ranges Community Enterprises Limited Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Strzelecki Ranges Community Enterprises Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Strzelecki Ranges Community Enterprises Limited Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with an Employee Bargaining Representative, Ms S Farquharson. The Agreement is to cover 5 employees who are engaged in clerical roles at the applicant’s community banking franchise, commonly known as Bendigo Bank, in Mirboo North, Victoria. 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 20 December 2012, and voting for the Agreement’s approval took place on 29 August 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 5 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 September 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms M Lynne, Director, identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Lynnesaid that the Agreement does provide for a term that is less beneficial than under the Modern Award; being payment at the ordinary base rate where an employee works for five consecutive days in a higher duties position, rather than four. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the Modern Award, including higher rates of pay, proportionately higher junior rates of pay, a meal allowance where an employee works for more than ten hours and finishes after 6:30pm and more generous severance pay entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 25 provides for mediation and arbitration by independent third parties.

[4] At a hearing of the application on 26 September 2013, Mr D Villani,appeared for the applicant and Ms K Farquharson appeared in her capacity as Employee Bargaining Representative. Mr Villani 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. He said that the Agreement provides for two other more beneficial conditions, namely the payment of time and a half rates for ordinary hours worked on a Saturday and the payment of a laundry allowance. He explained that clause 8.4 of the Agreement set out that wage increases were subject to the performance of the company and of the individual concerned. He said that, historically, Bendigo and Adelaide Bank communicates with its franchised Community Banks when it increases salaries for its own employees, every twelve months. The applicant had passed on these increases over the last three years and clause 8.5 guarantees that the employees would not be paid less than the applicable statutory minimum. Ms Farquharson supported these submissions and said that the employees were happy with the Agreement.

[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 Strzelecki Ranges Community Enterprises Limited Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 3 October 2013 and have a nominal expiry date of 2 October 2017.

DEPUTY PRESIDENT

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