DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BWA Group Services Pty Ltd
(AG2016/3925)

BWA GROUP SERVICES PTY LTD BANKWEST ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the BWA Group Services Pty Ltd Bankwest Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BWA Group Services Pty Ltd Bankwest Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BWA Group Services Pty Ltd. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BWA Group Services Pty Ltd sought approval for the Bankwest Enterprise Agreement 2016. The application was brought by the employer, BWA Group Services Pty Ltd, which aimed to secure the endorsement of the Fair Work Commission for the proposed agreement that outlined the terms and conditions of employment for its employees. The Commission was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable in all its aspects.

The central legal issues before the Commission were whether the agreement adhered to the provisions of the Fair Work Act 2009, particularly in terms of its procedural fairness, and whether the agreement was substantively fair. The employer had to demonstrate that the agreement was the result of genuine bargaining and that it provided fair and reasonable terms for the employees. The Commission also had to consider the nature of the agreement, its alignment with the provisions of the Fair Work Act, and whether it complied with the standards set by the Fair Work (Registered Organisations) Act 2009.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the agreement was procedurally fair as it was the result of genuine and genuine bargaining. The Commission noted that the employer had provided evidence of the negotiation process and that the agreement reflected the outcomes of those negotiations. The Commission further found that the agreement was substantively fair, as it provided for terms and conditions that were not worse off than the applicable awards or the general industrial relations system. The Commission approved the application, determining that the agreement met all the necessary statutory requirements and was fair and reasonable.

The Fair Work Commission approved the Bankwest Enterprise Agreement 2016, finding it to be procedurally and substantively fair. The Commission's decision was based on the evidence provided by the employer, which demonstrated the genuineness of the bargaining process, and the alignment of the agreement with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

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