DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayswater Community Financial Services Ltd T/A Bayswater & Noranda Community Bank Branches
(AG2014/10289)

BAYSWATER COMMUNITY FINANCE SERVICES LIMITED AND THE FINANCE SECTOR UNION OF AUSTRALIA AGREEMENT 2014-2017

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2015

Application for approval of the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2014 - 2017.

[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 2014 - 2017 (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 Ltd T/A Bayswater & Noranda Community Bank Branches. 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] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 14 January 2015 and, in accordance with s.54, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved Bayswater Community Financial Services Limited, trading as Bayswater & Noranda Community Bank Branches, and The Finance Sector Union of Australia. The dispute centred around the application for the approval of an enterprise agreement between the parties for the period 2014-2017. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The key legal issues before the court were whether the agreement was genuinely an enterprise agreement and if it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement covered the appropriate bargaining unit, whether it was made in good faith, and if it adhered to the procedural requirements set out in the legislation.

The Fair Work Commission found that the agreement met the statutory requirements and was genuinely an enterprise agreement. It was concluded that the agreement covered the correct bargaining unit and was made in good faith. The Commission also determined that the procedural requirements of the Fair Work Act 2009 were satisfied. Consequently, the court approved the agreement, allowing it to come into effect.

The final orders of the court were that the Bayswater Community Financial Services Limited and The Finance Sector Union of Australia Agreement 2014-2017 be approved and registered with the Fair Work Commission. The agreement was to be effective from the date of registration, and both parties were required to comply with its terms and conditions.

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

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established