DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bay and Basin Community Financial Services Limited t/a Sanctuary Point & District Community Bank
(AG2016/1403)

BAY AND BASIN COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 7 JULY 2016

Application for approval of the Bay & Basin Community Financial Services Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bay & Basin Community Financial Services Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bay and Basin Community Financial Services Limited t/a Sanctuary Point & District Community Bank. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2016. The nominal expiry date of the Agreement is 13 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of an enterprise agreement between Bay and Basin Community Financial Services Limited, trading as Sanctuary Point & District Community Bank, and its employees. The application was brought under section 186 of the Fair Work Act 2009. The parties were represented by their respective legal counsel, and the hearing took place in the Fair Work Commission. The central issue before the court was whether the enterprise agreement in question met the necessary legal criteria for approval. Specifically, the court had to determine if the agreement was made in good faith, provided for proper consultation, and contained the appropriate terms and conditions for the employees.

The court considered the arguments presented by both the employer and the employees' representatives. It examined the process through which the agreement was negotiated and whether it complied with the requirements set out in the Fair Work Act. The court also reviewed the specific terms and conditions of the agreement to ensure they were fair and reasonable. The analysis included assessing the agreement's impact on the employees, the fairness of the negotiation process, and the overall compliance with statutory requirements. The court concluded that the enterprise agreement met the necessary criteria and was in the best interests of the employees.

In its decision, the court found that the enterprise agreement was made in good faith and was the product of proper consultation. The agreement was deemed to be fair and reasonable, taking into account the needs and interests of the employees. The court also noted that the negotiation process was conducted appropriately and that the terms and conditions were consistent with the provisions of the Fair Work Act. Consequently, the court approved the enterprise agreement, allowing it to take effect as intended. The final orders included the formal approval of the Bay and Basin Community Financial Services Limited Enterprise Agreement 2016.

Bay and Basin Community Financial Services Limited t/a Sanctuary Point & District Community Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established