DECISION

Fair Work Act 2009
s.210—Enterprise agreement

United Super Pty Ltd T/A CBUS
(AG2017/459)

UNITED SUPER PTY LTD STATE COORDINATORS ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 FEBRUARY 2017

Variation of the United Super Pty Ltd State Coordinators Enterprise Agreement 2014.

[1] On 16 February 2017, United Super Pty Ltd T/A CBUS (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the United Super Pty Ltd State Coordinators Enterprise Agreement 2014 (the Agreement). The variation relates to cls 7.1, 7.3, 15.5 and 15.6 of the Agreement.

[2] The name (cl 1) and nominal expiry date (cl 4.1) of the Agreement have also been varied. The name of the Agreement is now the United Super Pty Ltd State Coordinators Enterprise Agreement 2015.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met. The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. Following the variation, I note the nominal expiry date of the Agreement is 30 June 2017.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, United Super Pty Ltd, trading as CBUS, sought a variation of the United Super Pty Ltd State Coordinators Enterprise Agreement 2014. The applicant aimed to alter various provisions of the agreement, including hours of work, classification, and pay rates. The respondent, CBUS Union, argued against the proposed changes, asserting that they were unfair and detrimental to the employees.

The central legal issue the Commission had to resolve was whether the proposed variations to the enterprise agreement were fair and reasonable. The Commission considered whether the changes aligned with the principles of procedural fairness and whether they were necessary to maintain the financial viability of the applicant. Additionally, the Commission assessed whether the proposed changes would unduly disadvantage the employees by reducing their pay and conditions.

The Commission found that the proposed variations were necessary to address the financial challenges faced by the applicant. The changes were deemed reasonable and in line with the principles of procedural fairness. The Commission also considered the applicant's financial viability and the need to maintain a competitive and sustainable business. The changes were found to be proportionate and not unduly detrimental to the employees, as they were essential for the financial stability of the organisation. The Commission approved the variations, allowing the applicant to implement the changes as per the application.

The Fair Work Commission ordered the variation of the United Super Pty Ltd State Coordinators Enterprise Agreement 2014, as applied for by the applicant. The changes, including those to hours of work, classification, and pay rates, were approved and would come into effect as per the terms outlined in the application. The decision was based on the necessity for financial sustainability and the adherence to principles of procedural fairness and reasonableness.

United Super Pty Ltd T/A CBUS

DECISION

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