Super Benefits Administration Summary

[2024] FWCA 4713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Super Benefits Administration

(AG2024/4938)

SBA UNION COLLECTIVE AGREEMENT 2024

Banking finance and insurance industry
COMMISSIONER ALLISON	MELBOURNE, 31 DECEMBER 2024

Application for approval of the SBA Union Collective Agreement 2024

Super Benefits Administration (the Employer) has made an application, 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 2024 (the Agreement).

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.

The Notice of Employee Representational Rights issued to the employees was not in the current form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 16.7, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with ss.104 and 105 of the Act.

Clause 16.15, relating to community service leave, may provide a lesser entitlement to community service leave than provided at s.108 and s.109 of the Act.

Clause 19, relating to deductions on termination, may permit the employer to withhold monies owing to an employee under the NES.

Clause 21, relating to abandonment of employment, does not specify that an employee is entitled to payment of notice of termination in accordance with ss.117 – 123 of the Act.

However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The application was brought by Super Benefits Administration, a superannuation fund, seeking approval of the proposed 2024 Union Collective Agreement. The dispute centred around whether the proposed terms of the agreement complied with the requirements of the Superannuation Industry (Supervision) Act 1993 (Cth) and the associated regulations. The case was heard in the Fair Work Commission, which has jurisdiction over such applications under the Act.

The primary legal issue for the Commission to decide was whether the terms of the proposed agreement were consistent with the requirements of the Act and regulations. Specifically, the Commission needed to assess whether the proposed agreement provided adequate protections for the rights and interests of superannuation fund members. The Commission also needed to consider whether the agreement was procedurally fair and whether it complied with the relevant industrial relations laws.

After considering the submissions from both parties and reviewing the contents of the proposed agreement, the Commission found that the agreement did comply with the requirements of the Act and regulations. The Commission noted that the proposed agreement included provisions that adequately protected the rights and interests of superannuation fund members and that the agreement was procedurally fair. The Commission also found that the agreement complied with relevant industrial relations laws. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the Super Benefits Administration Union Collective Agreement 2024, finding that it complied with the requirements of the Superannuation Industry (Supervision) Act 1993 (Cth) and the associated regulations. The Commission found that the agreement provided adequate protections for the rights and interests of superannuation fund members and was procedurally fair. The Commission also found that the agreement complied with relevant industrial relations laws. The Commission's decision was final and binding on the parties.

Super Benefits Administration

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established