DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo and Adelaide Bank Limited T/A Bendigo and Adelaide Bank
(AG2015/6223)

BENDIGO AND ADELAIDE BANK ENTERPRISE AGREEMENT 2015-2018

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018 (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 T/A Bendigo and Adelaide Bank. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 8 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Bendigo and Adelaide Bank Limited, trading as Bendigo and Adelaide Bank, for approval of the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, which is Australia's independent national workplace relations tribunal with the authority to make binding decisions on a range of employment-related matters.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were fair and reasonable. Under the Fair Work Act 2009, an enterprise agreement must meet certain criteria to be approved, including that it provides for the "security of employment." This includes considerations of whether the agreement contains appropriate safeguards against unfair dismissal and whether it provides for reasonable arrangements for flexible working arrangements and parental leave, among other things.

The Commission found that the terms of the agreement were fair and reasonable, based on the evidence presented and the criteria outlined in the Fair Work Act. The Commission noted that the agreement provided for appropriate safeguards against unfair dismissal and contained reasonable provisions for flexible working arrangements and parental leave. The Commission also found that the agreement had been negotiated in good faith and that it did not contain any terms that would be contrary to the public interest. The Commission approved the Bendigo and Adelaide Bank Enterprise Agreement 2015-2018.

No further orders were made by the Commission. The approval of the agreement meant that it would now be a legally binding contract between the bank and its employees, and the terms of the agreement would apply to all employees covered by it.

Bendigo and Adelaide Bank Limited T/A Bendigo and Adelaide Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established