DECISION

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

UniSuper Management Pty Ltd
(AG2019/2552)

UNISUPER MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2019-2022

Banking finance and insurance industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 AUGUST 2019

Application for approval of the UniSuper Management Pty Ltd Enterprise Agreement 2019-2022.

[1] UniSuper Management Pty Ltd has applied for approval of a single enterprise agreement known as the UniSuper Management Pty Ltd Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether the pre-approval steps were met, the Agreement passes the “better off overall” test and includes the mandatory terms.

[3] Regarding the pre-approval steps, the relevant employees were notified of the time and place of the vote at least 7 clear days prior to the commencement of the vote, as required by s.180(3). However the method of the vote was not notified until the day prior to the commencement of the vote. In the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[7] 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.

[8] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[9] The Agreement was approved on 14 August 2019 and, in accordance with s.54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

UniSuper Management Pty Ltd sought approval of its 2019-2022 Enterprise Agreement from the Fair Work Commission (FWC). The application was made under section 230 of the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment for UniSuper's staff, specifically addressing wages, hours, and other employment-related matters. The FWC was required to determine whether the agreement met the prerequisites for approval under the Act, including ensuring the agreement facilitated a productive workplace relationship and did not adversely affect employees' job security.

The legal issues before the FWC encompassed whether the proposed agreement sufficiently provided for the employees' wages and conditions, and whether it allowed for a productive workplace relationship as required by the Act. Additionally, the FWC had to assess whether the agreement complied with the 'better off overall test', ensuring employees would not be worse off financially under the new agreement compared to their previous conditions. The FWC also needed to consider whether the agreement adequately facilitated the efficient operation of the employer's business.

In rendering its decision, the FWC considered extensive submissions from both UniSuper and the employees' representatives. The FWC determined that the proposed agreement met the statutory requirements under the Fair Work Act. It was found to provide for a productive workplace relationship and did not adversely affect employees' job security. Furthermore, the FWC concluded that the agreement complied with the better off overall test and did not disadvantage the employees. The FWC approved the Enterprise Agreement, finding it met all necessary criteria under the Act.

The FWC approved the UniSuper Management Pty Ltd Enterprise Agreement 2019-2022, effective from the date of the decision. The approval ensures that the terms and conditions of employment, as outlined in the agreement, are legally binding and enforceable between UniSuper and its employees.

UniSuper Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established