Bwa Group Services Pty Ltd T/A Bankwest

[2024] FWCA 4158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bwa Group Services Pty Ltd T/A Bankwest

(AG2024/4252)

BANKWEST ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 27 NOVEMBER 2024

Application for approval of the Bankwest Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bankwest Enterprise Agreement 2024 (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 T/A Bankwest. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.39.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Bwa Group Services Pty Ltd trading as Bankwest, sought approval of the Bankwest Enterprise Agreement 2024 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees covered by the agreement, which was to replace the existing Bankwest Enterprise Agreement 2020. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions for minimum wages, penalty rates, and other employment conditions.

The central legal issues addressed by the Commission were whether the proposed agreement provided fair and reasonable terms for the employees, including adequate wage increases, and whether it complied with the statutory requirements for enterprise agreements. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees. The Commission also considered submissions from various parties, including the employees' representatives and the employer.

In its decision, the Commission found that the Bankwest Enterprise Agreement 2024 met the necessary requirements under the Fair Work Act 2009. It concluded that the proposed agreement provided fair and reasonable terms for the employees, including adequate wage increases, and that it appropriately balanced the interests of both the employer and the employees. The Commission approved the agreement, noting the satisfactory outcomes for the employees in terms of wages and conditions. Consequently, the Fair Work Commission granted the application for approval of the Bankwest Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established