DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superannuation Administration Corporation T/A Pillar Administration
(AG2016/5303)

PILLAR ADMINISTRATION ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Pillar Administration Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pillar Administration Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superannuation Administration Corporation T/A Pillar Administration. 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] The Public Service Association of NSW 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2016. The nominal expiry date of the Agreement is 17 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Superannuation Administration Corporation trading as Pillar Administration, who applied for the approval of the Pillar Administration Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The primary dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on the procedural fairness and compliance with the safety net provisions.

The legal issues before the Commission included whether the agreement adequately provided for the safety net terms and conditions, whether the consultation process was conducted in a procedurally fair manner, and whether there was sufficient evidence of employee support for the agreement. The Commission examined the process through which the agreement was developed and whether the employer demonstrated genuine efforts to consult with the employees.

The Commission found that the agreement met the statutory requirements, including the safety net provisions, and that the consultation process was procedurally fair. The employer had demonstrated a genuine effort to engage with the employees and secure their support for the agreement. The evidence presented showed that the majority of employees had expressed their support for the agreement through a valid and properly conducted vote. Consequently, the Commission approved the agreement, noting that it provided fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission approved the Pillar Administration Enterprise Agreement 2016, subject to certain conditions. The approval was contingent upon the employer ensuring compliance with the agreement and reporting back to the Commission if any significant issues arose. The Commission also required the employer to maintain records of the consultation process and employee support for the agreement.

Superannuation Administration Corporation T/A Pillar Administration

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established