World Vision Australia

[2015] FWCA 4943

[2015] FWCA 4943

FAIR WORK COMMISSION

DECISION

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

World Vision Australia
(AG2015/3799)

WORLD VISION AUSTRALIA CONTACT CENTRE ENTERPRISE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 JULY 2015

Application for approval of the World Vision Australia Contact Centre Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by World Vision (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the World Vision Australia Contact Centre Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and two nominated Employee Bargaining Representatives (EBRs). The Agreement is to cover 17 employees who are employed in the applicant’s call centre in Burwood, Victoria. 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 6 December 2013, and voting for the Agreement’s approval took place on 23 and 24 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 16 of the 17 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Hanlon, People & Culture Director, identified the Clerks – Private Sector Award 2010 and the Clerical & Administrative Employees (Victoria) Award 1999 as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Hanlonsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including reduced minimum engagements on Sundays and public holidays, the removal of an entitlement to a minimum engagement of three hours where a non-shiftworker is recalled to work after the normal finishing time and the removal of some non-applicable allowances. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the reference instruments, including higher rates of pay, the provision of outplacement support services in circumstances of redundancy, enhanced penalty rates for work performed on public holidays, the ability to accrue annual leave in lieu of overtime payment for overtime, more generous shift loading allowances for afternoon shifts and more paid breaks. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 26 and 27 respectively, and a disputes resolution procedure at clause 28 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 17 July 2015, Ms A Millar, Solicitor,appeared with Mr S Hanlon and Mr J Sandhu for the applicant and Mr T O’Loughlin for the Union. Ms Millar 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 the rates of pay are to be increased by 6% in the first full pay period after the commencement of the Agreement and then by 2% on 1 October 2015, 1 October 2016 and 1 October 2017. Mr O’Loughlin supported the submissions of Ms Millar.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.

[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 World Vision Australia Contact Centre Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 24 July 2015 and have a nominal expiry date of 24 July 2018.

DEPUTY PRESIDENT

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