United Super Pty Ltd T/A Cbus Super

[2024] FWCA 4033

[2024] FWCA 4033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Super Pty Ltd T/A Cbus Super

(AG2024/3948)

UNITED SUPER PTY LTD ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
COMMISSIONER MIRABELLA	MELBOURNE, 19 NOVEMBER 2024

Application for approval of the UNITED SUPER PTY LTD ENTERPRISE AGREEMENT 2024

1. United Super Pty Ltd Trading As Cbus Super (the Employer) has made an application for approval of an enterprise agreement known as the United Super Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 21 March 2024 and the Agreement was made on 23 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 21: Annual leave

• Clause 33.6: Refusal of work on a public holiday

• Clause 22.4: Withholding of monies at termination

1. However, noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Financial Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 19 November 2024 and, in accordance with s.54, will operate from 26 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526806  PR781399>

Appendix A