Super Benefits Administration Pty Ltd Summary

[2022] FWCA 1971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Super Benefits Administration Pty Ltd

(AG2022/1262)

SBA Union Collective Agreement 2021

Banking finance and insurance industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2022

Application for approval of the SBA Union Collective Agreement 2021

An application has been made by Super Benefits Administration Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the SBA Union Collective Agreement 2021 (the Agreement).

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date the application was lodged.

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.

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.

The Finance Sector Union of Australia, 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 23 June 2022. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Super Benefits Administration Pty Ltd (the applicant) sought approval of the 2021 Union Collective Agreement from the Fair Work Commission (the Commission). The applicant argued that the agreement contained provisions that were necessary to ensure the efficient operation of its business. The agreement sought to establish a framework for the administration of superannuation and other employee benefits within the company. The Fair Work Act 2009 required the Commission to assess the agreement to determine whether it should be approved as a Union Collective Agreement.

The central legal issue for the Commission to resolve was whether the provisions in the agreement were appropriate and necessary for the efficient operation of the applicant's business. The applicant contended that the provisions were essential to streamline the administration of superannuation and other employee benefits, which were critical to the company's operations. The Commission needed to consider whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission determined that the provisions in the agreement were indeed necessary and appropriate for the efficient operation of the applicant's business. It found that the agreement provided a clear framework for the administration of superannuation and other employee benefits, which was essential to the company's operations. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. Accordingly, the Commission approved the 2021 Union Collective Agreement.

The Commission ordered that the 2021 Union Collective Agreement be approved as a Union Collective Agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until it was terminated or replaced by a new agreement. The applicant was required to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure that it was made available to all employees covered by the agreement.

Super Benefits Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established