United Super Pty Ltd

[2014] FWCA 5716

[2014] FWCA 5716

FAIR WORK COMMISSION

DECISION

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

United Super Pty Ltd
(AG2014/8516)

UNITED SUPER PTY LTD COLLECTIVE BARGAINING AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 AUGUST 2014

United Super Pty Ltd Collective Bargaining Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by United Super Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the United Super Pty Ltd Collective Bargaining Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover 95 employees, other than members of the Executive Management Team and those covered by the United Super State Coordinators Enterprise Agreement 2011, who are engaged in the provision of superannuation services. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 29 August 2013, and voting for the Agreement’s approval took place on 22 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot conducted both in person and electronically, 62 of the 64 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Atkin, CEO, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Insurance Award [AN170053] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Atkinsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for flexible leave and rostered days off, more generous personal leave entitlements and enhanced severance entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 6 and 39 respectively, and a disputes resolution procedure at clause 36 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 19 August 2014, Ms J Neilsen appeared for the applicant and Mr R Lowrey for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Neilsen outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 3.5% on 1 July 2014 and that this increase has already been paid to the employees. Mr Lowrey supported the submissions of the applicant.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the United Super Pty Ltd Collective Bargaining Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 26 August 2014 and have a nominal expiry date of 30 June 2015.

DEPUTY PRESIDENT

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