Vision Super Pty Ltd

[2013] FWCA 9689

[2013] FWCA 9689

FAIR WORK COMMISSION

DECISION

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

Vision Super Pty Ltd
(AG2013/10282)

VISION SUPER PTY LTD ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 DECEMBER 2013

Application for approval of the Vision Super Pty Ltd Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Vision 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 Vision Super Pty Ltd Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch (the ‘Union’). The Agreement is to cover 109 employees who are engaged in the management of superannuation and related financial services.

[2] The employees were last notified of their representational rights on 2 May 2013, and voting for the Agreement’s approval took place on 26-27 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 79 of the 89 employees who voted agreed to approve the Agreement. The application for approval of the Agreement was lodged on 29 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Rowe, Acting CEO, identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Australian Services Union (Vision Super Pty. Ltd.) Award 2003 [AP829988] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Rowesaid does the Agreement provide for two conditions that are less beneficial than the reference instruments, in that the Agreement provides for ordinary full time hours of work of 37.5 hours per week rather than 35 hours per week and Easter Tuesday is no longer recognised as a Public Holiday. However, the Agreement also provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, additional superannuation for long-serving employees, extra ‘Vision leave’ in 2014 and 2015 and the ability to access pro rata long service leave entitlements after seven years of continuous years of service. Rates of pay are to be increased 3.5% on 17 May 2013, 1 July 2014 and 1 July 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 12 and 41 respectively, and a disputes resolution procedure at clause 42 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 9 December 2013, Mr P Rowe,appeared for the applicant and Mr B King 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. Mr Rowe 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. He explained that the employees (aside from those who have their remuneration determined by the Remuneration and Appointments Committee) would be paid a ‘one off’ lump sum of 5% of the employee’s annual base salary calculated as at 16 May 2013 in the next pay period after the approval of the Agreement by the Commission. He also said that the pay increase due on 17 May 2013 would be backpaid to the employees. Mr King supported the submissions of Mr Rowe.

[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 Vision Super Pty Ltd Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 16 December 2013 and have a nominal expiry date of 16 May 2016.

DEPUTY PRESIDENT

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