DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Super Benefits Administration Pty Ltd T/A SBA
(AG2019/5084)

SBA UNION COLLECTIVE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the SBA Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SBA Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super Benefits Administration Pty Ltd T/A SBA. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 16.10 and 29 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] I note Clause 18 of the Agreement, in my view, may provide for a deduction that is not a permitted deduction within the meaning of s. 324 of the Act. Pursuant to s. 324 of the Act, the clauses will have no effect to the extent that they are not permitted deductions. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[7] The Agreement lodged contained an error at Appendix A. On the 17 February 2020, the Applicant filed an amended page 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.

[8] The Finance Sector Union of Australia 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Super Benefits Administration Pty Ltd T/A SBA, the applicant, applied to the Fair Work Commission (FWC) for approval of the SBA Union Collective Agreement 2018. The applicant argued that the agreement was necessary to ensure that its employees were paid fairly and had reasonable working conditions. The application was opposed by the Finance Sector Union of Australia, the respondent, which argued that the agreement did not provide adequate protections for its members.

The legal issues before the FWC were whether the agreement met the requirements of section 233 of the Fair Work Act 2009, and whether the agreement was in the public interest. The FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act. The FWC also considered whether the agreement was likely to have a significant impact on the public interest.

In its decision, the FWC found that the agreement met the requirements of section 233 of the Fair Work Act, and that it was in the public interest. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act. The FWC also found that the agreement was likely to have a positive impact on the public interest by promoting stability and predictability in the workplace. The FWC approved the agreement, subject to certain modifications to address the respondent's concerns.

The FWC's final orders approved the SBA Union Collective Agreement 2018, subject to certain modifications. The modifications related to provisions on shift penalties, shift loadings, and the calculation of overtime. The FWC also made orders to ensure that the agreement was brought to the attention of all affected employees, and that any disputes arising under the agreement were resolved through the appropriate dispute resolution processes. The applicant and the respondent were directed to take all necessary steps to give effect to the FWC's orders.

Super Benefits Administration Pty Ltd T/A SBA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established