Bendigo and Adelaide Bank Limited

[2023] FWCA 2812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bendigo and Adelaide Bank Limited

(AG2023/2934)

APPLICATION FOR APPROVAL OF THE BENDIGO AND ADELAIDE BANK ENTERPRISE AGREEMENT 2023-2026

Banking finance and insurance industry
COMMISSIONER JOHNS	MELBOURNE, 1 SEPTEMBER 2023

Application for approval of the Bendigo and Adelaide Bank Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the BENDIGO AND ADELAIDE BANK ENTERPRISE AGREEMENT 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bendigo and Adelaide Bank Limited. The Agreement is a single enterprise agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union, and Finance Sector Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2023. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the Bendigo and Adelaide Bank Limited's Enterprise Agreement for the years 2023 to 2026. The application was brought by the bank seeking approval of the terms of the enterprise agreement. The Commission was required to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The union representing the bank's employees opposed the application, arguing that the agreement did not adequately protect employees' rights and conditions.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements set out in the Fair Work Act for being approved. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it provided for minimum rates of pay and conditions, and if it was free from any prohibited content. Additionally, the Commission had to consider whether the agreement was made in accordance with the process requirements outlined in the Act, including the necessity of making a fair and genuine offer to the employees.

The Commission, after reviewing the submissions and evidence from both parties, found that the enterprise agreement was made in good faith and was free from any prohibited content. The agreement provided for minimum rates of pay and conditions that were no less favourable than those provided by the relevant award or safety net. The Commission also concluded that the agreement was made in accordance with the process requirements of the Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bendigo and Adelaide Bank Enterprise Agreement 2023-2026, finding that it met all the necessary criteria under the Fair Work Act. The agreement was made in good faith, provided for minimum rates of pay and conditions, and was free from prohibited content. The Commission also determined that the agreement was made in accordance with the process requirements of the Act, including the requirement to make a fair and genuine offer to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established