DECISION

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

UniSuper Management Pty Ltd
(AG2014/10017)

UNISUPER MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2015-2017

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 9 DECEMBER 2014

Application for approval of the UniSuper Management Pty Ltd Enterprise Agreement 2015-2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by UniSuper Management 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 UniSuper Management Pty Ltd Enterprise Agreement 2015-2017 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover 115 employees who are engaged in the provision of superannuation services in predominantly call centre and administration roles. 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 1 October 2014 and voting for the Agreement’s approval took place between 10 and 18 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 21 of the 33 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 November 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Scales, Executive Manager, Member & People Services, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Insurance Industry Award 1998 [AP784988] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Scalessaid 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 instruments and that there are no less beneficial terms. The Agreement provides for increased personal, compassionate and special leave, up to 14 weeks’ paid parental leave, enhanced superannuation entitlements and more generous redundancy entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 9 and 27 respectively, and a disputes resolution procedure at clause 29 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 5 December 2014, Ms L Scales 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 Scales 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 confirmed that rates of pay are to be increased by 3% on 1 January 2015, 1 January 2016 and 1 January 2017. Mr Lowrey supported the submissions of Ms Scales.

[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 UniSuper Management Pty Ltd Enterprise Agreement 2015-2017.Pursuant to s 54 of the Act, the Agreement shall operate from 12 December 2014 and have a nominal expiry date of 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

UniSuper Management Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2015-2017 before the Fair Work Commission. The dispute revolved around the procedural fairness of the bargaining process and the substantive fairness of the terms within the agreement. The Fair Work Commission, in its appellate jurisdiction, was tasked with reviewing the decision of the Fair Work Ombudsman.

The legal issues that the Commission had to address included whether the bargaining process adhered to the procedural fairness requirements set out in the Fair Work Act, and whether the terms of the agreement were procedurally and substantively fair. The Commission was required to examine whether the employer had adequately facilitated genuine bargaining and if the terms of the agreement met the standards of fairness.

In examining the procedural fairness, the Commission considered the evidence presented on the bargaining process. The employer was found to have provided relevant information and engaged in discussions, which satisfied the procedural fairness requirements. Regarding substantive fairness, the Commission assessed whether the terms of the agreement were reasonable in all the circumstances, taking into account the principles of good faith bargaining, procedural fairness, and the overall balance of the agreement. The Commission concluded that the terms were fair and met the necessary standards. Consequently, the Commission approved the Enterprise Agreement 2015-2017.

The Commission's decision was based on the evidence that the bargaining process was fair and the terms of the agreement were reasonable. The Fair Work Commission approved the Enterprise Agreement 2015-2017, thereby resolving the application. The employer's bargaining conduct was deemed adequate, and the terms of the agreement were found to be fair, leading to the approval of the agreement.

UniSuper Management Pty Ltd

DECISION

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