United Super Pty Ltd T/A CBUS

[2021] FWCA 5449

[2021] FWCA 5449

FAIR WORK COMMISSION

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

(c) Finance Sector Union of Australia.

[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

<AE512946 PR733446>

Annexure A