DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BWA Group Services Pty Ltd
(AG2019/3913)

BANKWEST ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Bankwest Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Bankwest Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BWA Group Services Pty Ltd.

[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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from the commencement of the first pay cycle on or after 4 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of BWA Group Services Pty Ltd was considered. The dispute involved an application for the approval of the Bankwest Enterprise Agreement 2019, which had been negotiated between the employer and the employees' union. The application was brought under the Fair Work Act 2009 to secure the court's endorsement of the agreement, which would render it a legally binding enterprise agreement, thereby superseding any previous enterprise agreement in place.

The court was required to determine whether the agreement met the criteria for approval as set out in the Act. This included examining whether the agreement was in writing, whether the requisite majority of employees and employers had agreed to it, and whether it complied with the good faith bargaining requirements. Additionally, the court needed to assess if the agreement contained the mandated minimum terms and conditions, and whether it was consistent with the provisions of the Act.

The court found that the application satisfied all the statutory requirements for approval. It was established that the agreement was appropriately documented, that the necessary majority of employees and employers had given their consent, and that the bargaining process was conducted in good faith. Furthermore, the agreement was confirmed to include all the minimum terms and conditions specified by the Act and did not contravene any of its provisions. Consequently, the court granted the application and approved the Bankwest Enterprise Agreement 2019.

In light of the approval, the Bankwest Enterprise Agreement 2019 was declared to be a legally binding enterprise agreement. This decision meant that all employees of BWA Group Services Pty Ltd, who were covered by the agreement, would be subject to its terms and conditions. The final orders of the court mandated that the agreement be registered with the Fair Work Commission and that it would come into effect on the date specified within the agreement.

BWA Group Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established