DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayswater Community Financial Services Limited T/A Bayswater & Noranda Community Bank Branches
(AG2017/3857)

BAYSWATER COMMUNITY FINANCIAL SERVICES LIMITED AND THE FINANCE SECTOR UNION OF AUSTRALIA AGREEMENT 2017-2021

Banking finance and insurance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Bayswater Community Financial Services Limited and the Finance Sector Union of Australia Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Bayswater Community Financial Services Limited and the Finance Sector Union of Australia Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bayswater Community Financial Services Limited T/A Bayswater & Noranda Community Bank Branches. 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 Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Bayswater Community Financial Services Limited, trading as Bayswater & Noranda Community Bank Branches, and the Finance Sector Union of Australia. The matter was heard in the Fair Work Commission. The legal issues before the court centred on whether the enterprise agreement complied with the relevant legislative provisions and if the agreement was made in good faith and without coercion.

The court examined various aspects of the agreement, including the terms and conditions of employment, the classification of employees, and the dispute resolution mechanisms. The key issue was whether the agreement was genuinely negotiated and whether it met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The court also needed to determine if the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the agreement met all statutory requirements and was made in good faith. The court noted that the agreement had been negotiated over an extended period and involved extensive consultation between the parties. The court concluded that the terms and conditions of the agreement were fair and reasonable, and that the agreement provided for an appropriate balance of rights and obligations for both the employer and the employees. The court approved the agreement, highlighting its compliance with the legislative framework and the good faith negotiations between the parties. The final orders included the approval of the enterprise agreement, which would now govern the employment conditions of the employees covered by the agreement.

Bayswater Community Financial Services Limited T/A Bayswater & Noranda Community Bank Branches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established