Super Benefits Administration Pty Ltd

[2014] FWCA 2137

[2014] FWCA 2137

FAIR WORK COMMISSION

DECISION

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

Super Benefits Administration Pty Ltd
(AG2014/4054)

SBA UNION COLLECTIVE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 1 APRIL 2014

Application for approval of the SBA Union Collective Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Super Benefits Administration Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the SBA Union Collective Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’). The Agreement is to cover 12 employees who are engaged in the provision of administrative support services in the superannuation industry. 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 5 February 2014, and voting for the Agreement’s approval took place on 7 March 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 9 of the 10 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 19 March 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Goodear, Chief Executive Officer, 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’). Mr Goodearsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for enhanced overtime entitlements, more generous superannuation entitlements and six rostered days off per calendar year. Rates of pay are to be increased by 4% on 1 July 2013 and 3% on 1 July 2014. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 27 and 23 respectively, and a disputes resolution procedure at clause 24 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 31 March 2014, Ms P Liddle (Human Resources Manager)appeared for the applicant and Mr R Lowrey for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Liddle 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. She explained that the increase to rates of pay due under the Agreement on 1 July 2013 had already been paid to the employees. Mr Lowrey supported the submissions of Ms Liddle.

[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 SBA Union Collective Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 7 April 2014 and have a nominal expiry date of 1 July 2015.

DEPUTY PRESIDENT

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