DECISION

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

United Super Pty Ltd T/A CBUS
(AG2021/6763)

UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
COMMISSIONER MATHESON	SYDNEY, 1 SEPTEMBER 2021

Application for approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the United Super Pty Ltd State Coordinators Enterprise Agreement 2021 (Agreement). The application was made by United Super Pty Ltd T/A CBUS (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a copy of the Agreement and separate signature pages. The Commission requested a full copy of the Agreement with signatures included so it was clear what the signatories had signed. A copy of the Agreement, including the signature page, was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

[3] The Applicant has provided a written undertaking which is attached at Annexure A of the Agreement (Undertaking). The Undertaking provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement.

[5] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertaking pursuant to s.190(4) of the Act.

[6] Pursuant to s.190(3) of the Act, I accept the Undertaking. In accordance with s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[7] On the basis of the materials filed by the Applicant, and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[8] Three bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the following employee organisations:

(a) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

(b) Construction, Forestry, Maritime, Mining and Energy Union; and

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

United Super Pty Ltd, trading as CBUS, applied to the Fair Work Commission for approval of the United Super Pty Ltd State Coordinators Enterprise Agreement 2021. The application was brought pursuant to the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the requirements of the Act. The nature of the dispute centred on the fairness and validity of the proposed agreement, particularly with regard to its compliance with various sections of the Act, including those relating to minimum standards, employee representation, and procedural fairness.

The legal issues before the Commission included whether the agreement was made in accordance with the processes prescribed by the Act, whether it provided for the fair and reasonable terms and conditions of employment, and whether it adhered to the requirements for employee representation and consultation. The Commission needed to assess whether the agreement met the threshold criteria for being a "single interest" enterprise agreement and whether it was made without undue influence or coercion. Furthermore, the Commission was tasked with determining whether the agreement provided for adequate pay and conditions, including minimum rates of pay, reasonable working hours, and provisions for leave and other entitlements.

The Fair Work Commission found that the application for approval was valid and that the agreement complied with the requirements of the Fair Work Act. The Commission noted that the agreement was made through proper consultation and negotiation processes, and it satisfied the criteria for being a "single interest" enterprise agreement. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate pay and conditions, and that it met the minimum standards prescribed by the Act. The Commission concluded that the agreement was made without undue influence or coercion and that it provided for appropriate employee representation. Accordingly, the Commission approved the agreement as meeting the necessary statutory requirements.

In approving the agreement, the Fair Work Commission issued a certificate of registration, which would allow the agreement to come into effect. The Commission emphasised the importance of ongoing compliance with the Act and highlighted the need for the parties to adhere to the terms and conditions set out in the agreement. The Commission's decision was a clear indication of the agreement's validity and the parties' adherence to the legislative framework governing enterprise agreements.

United Super Pty Ltd T/A CBUS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established