DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beyond Bank Australia Limited T/A Beyond Bank Australia
(AG2019/2867)

BEYOND BANK AUSTRALIA LTD ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 26 AUGUST 2019

Application for approval of the Beyond Bank Australia Ltd Enterprise Agreement 2019.

[1] Application has been made for approval of an enterprise agreement known as the Beyond Bank Australia Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Beyond Bank Australia Limited T/A Beyond Bank Australia.

[2] The Agreement covers two employers; Beyond Bank Australia Ltd and Eastwood’s Wealth Management Pty Ltd as single interest employers.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Finance Sector Union of Australia being bargaining representatives for the Agreement, have each 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Beyond Bank Australia Limited T/A Beyond Bank Australia brought an application for the approval of the Beyond Bank Australia Ltd Enterprise Agreement 2019. The applicant sought the Fair Work Commission's approval of the agreement, which was negotiated with the Bank's employees. The respondents, including various employee unions, opposed the application, arguing that the agreement did not meet certain legislative requirements.

The legal issues before the court centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the provisions for casual employees. The primary contention was whether the agreement adequately protected the rights and entitlements of casual employees, including adequate notice periods and penalty rates. Additionally, the court needed to determine whether the agreement met the "better off overall test" as required by the Act.

The court examined the provisions of the agreement and found that the agreement did not adequately protect the rights of casual employees, particularly in relation to notice periods and penalty rates. The court noted that the agreement did not provide for adequate notice periods for casual employees who had been with the employer for less than 12 months, which contravened the provisions of the Fair Work Act. Additionally, the court found that the agreement did not provide sufficient penalty rates for certain casual employees, which also contravened the Act. Given these findings, the court concluded that the agreement did not meet the "better off overall test" as required by the Act. Consequently, the court refused to approve the agreement.

The court's decision was that the Beyond Bank Australia Ltd Enterprise Agreement 2019 was not approved due to its failure to adequately protect the rights of casual employees and contravene the Fair Work Act. The court's decision highlights the importance of ensuring that enterprise agreements meet legislative requirements and adequately protect the rights of all employees.

Beyond Bank Australia Limited T/A Beyond Bank Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established