Bayswater Community Financial Services Limited T/A Community Bank Bayswater, part of Bendigo Bank Summary

[2021] FWCA 6246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayswater Community Financial Services Limited T/A Community Bank Bayswater, part of Bendigo Bank
(AG2021/6934)

BAYSWATER COMMUNITY FINANCIAL SERVICES LIMITED AND THE FINANCIAL SECTOR UNION OF AUSTRALIA AGREEMENT 2021-2024

Banking finance and insurance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 OCTOBER 2021

Application for approval of the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2021-2024.

[1] Bayswater Community Financial Services Limited has made an application for the approval of an enterprise agreement known as the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2021-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 12 October 2021 and, in accordance with s 54, will operate from 19 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bayswater Community Financial Services Limited, trading as Community Bank Bayswater and part of Bendigo Bank, sought approval for the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2021-2024. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The Finance Sector Union of Australia, representing employees of Bayswater Community Financial Services Limited, also participated in the proceedings.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act 2009, including the provisions related to genuine bargaining, no-disadvantage, and procedural fairness. The Commission had to assess if the agreement was genuinely negotiated, if it did not disadvantage employees, and if the bargaining process adhered to the procedural fairness standards.

The Commission found that the agreement met the criteria for genuine bargaining as it was negotiated in good faith between the employer and the union. It was determined that no employees were disadvantaged by the terms of the agreement, as it provided fair compensation and conditions. The procedural fairness of the bargaining process was also upheld, with evidence presented showing that employees had an opportunity to be involved in the negotiations. Given these findings, the Commission approved the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2021-2024.

The Commission's decision concluded that the agreement was fair and complied with the requirements of the Fair Work Act 2009. Consequently, the application for approval was successful, and the agreement was approved, effective from the specified period.

Bayswater Community Financial Services Limited T/A Community Bank Bayswater, part of Bendigo Bank

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established