Albany (WA) Community Financial Services Limited T/A Albany Community Bank

[2018] FWCA 3418

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Albany (WA) Community Financial Services Limited T/A Albany Community Bank

(AG2018/329)

Albany (WA) Community Financial Services Limited Enterprise Agreement 2017

Banking finance and insurance industry
Commissioner Wilson	MELBOURNE, 8 JUNE 2018

Application for approval of the Albany (WA) Community Financial Services Limited Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Albany (WA) Community Financial Services Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albany (WA) Community Financial Services Limited T/A Albany Community Bank. The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Albany (WA) Community Financial Services Limited, trading as Albany Community Bank, was the applicant in this case before the Fair Work Commission. The company sought approval for an enterprise agreement, the Albany (WA) Community Financial Services Limited Enterprise Agreement 2017, which aimed to govern the terms and conditions of employment for its staff. The primary dispute centred on the provisions of the agreement, particularly whether they complied with the relevant industrial and legislative frameworks. The matter was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009, tasked with resolving workplace disputes and overseeing the enforcement of workplace laws in Australia.

The legal issues before the Commission revolved around the validity and enforceability of the proposed enterprise agreement. Key points of contention included whether the agreement was made in good faith, if it was fairly negotiated, and if it adhered to the procedural requirements set out in the Fair Work Act. Furthermore, the Commission had to assess whether the agreement contained provisions that were contrary to public policy or not genuinely intended for the benefit of the employees. The application for approval hinged on these critical legal considerations.

In its decision, the Fair Work Commission thoroughly examined the evidence and arguments presented by both parties. The Commission concluded that the enterprise agreement was, in fact, made in good faith and was the product of genuine negotiations. It found that the agreement was consistent with the statutory requirements and did not contravene any public policy. The Commission also noted that the provisions of the agreement were fair and intended for the benefit of the employees. Therefore, the Fair Work Commission approved the Albany (WA) Community Financial Services Limited Enterprise Agreement 2017. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established