Bendigo and Adelaide Bank Limited

[2020] FWCA 3404

[2020] FWCA 3404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo and Adelaide Bank Limited
(AG2020/1627)

BENDIGO AND ADELAIDE BANK ENTERPRISE AGREEMENT 2018-2021

Banking finance and insurance industry
DEPUTY PRESIDENT DEAN	SYDNEY, 30 JUNE 2020

Application for approval of the Bendigo and Adelaide Bank Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo and Adelaide Bank Enterprise Agreement 2018-2021 (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.

[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 consultation term contained in clause 11 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] Clause 23.14 of the Agreement makes provision for deductions which in my view may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the 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) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 15 December 2022.

DEPUTY PRESIDENT

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