BWA Group Services Pty Ltd T/A Bankwest

[2022] FWCA 2397

[2022] FWCA 2397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BWA Group Services Pty Ltd T/A Bankwest

(AG2022/2119)

Bankwest Enterprise Agreement 2021

Banking finance and insurance industry
COMMISSIONER WILLIAMS	PERTH, 18 JULY 2022

Application for approval of the Bankwest Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Bankwest Enterprise Agreement 2021 (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.

1. The Finance Sector Union of Australia (the FSU) has lodged a Form F-18 – Declaration of employee organisation in relation to an application for approval of an enterprise agreement.

1. As a bargaining representative the FSU advises that it supports approval of the agreement by the Commission.

1. The FSU has also 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.

1. The FSU however disagrees with the statement in the Applicant’s declaration that the annual leave term, clause 22. ‘Annual Leave’, does not provide a less beneficial entitlement than the National Employment Standard (the NES).

1. For a number of reasons, the FSU argues that in some circumstances the annual leave clause in the agreement is less beneficial than the NES. Whilst I accept in a particular set of circumstances the FSU's argument may be correct, clause 37.2 ‘Interaction with the National Employment Standards’ of the agreement expressly provides that if the NES provides a greater benefit than the agreement the NES provision will apply to the extent it provides a greater benefit. Consequently, the FSU's concerns are moot.

1. Separately the FSU complains that the consultation term in the agreement, clause 35.1 ‘Consultation about major workplace change’, is not worded exactly the same as the model consultation term provided in the Fair Work Regulations 2009.

1. Whilst this may well be the case there is no such requirement in the Act. Rather, section 205 of the Act requires only that an agreement include a consultation term that includes specific provisions. There is no mandatory wording. I am satisfied in this case that clause 35.1 ‘Consultation about major workplace change’ satisfies the requirements of section 205.

1. I am also satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

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