Chittering Financial Services Limited T/A Bindoon Community Bank Branch, Bullsbrook Community Bank Branch, Ellenbrook Branch Summary

[2018] FWCA 6889

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Chittering Financial Services Limited T/A Bindoon Community Bank Branch, Bullsbrook Community Bank Branch, Ellenbrook Branch

(AG2018/2553)

Chittering Financial Services Limited Enterprise Agreement 2017

Banking finance and insurance industry
Deputy President Beaumont	PERTH, 9 NOVEMBER 2018

Application for approval of the Chittering Financial Services Limited Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Chittering Financial Services Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chittering Financial Services Limited T/A Bindoon Community Bank Branch, Bullsbrook Community Bank Branch, Ellenbrook Branch. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 9 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Chittering Financial Services Limited, trading under several branch names, and the Australian Banking Association. The dispute centred around the application for the approval of the Chittering Financial Services Limited Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia. The Australian Banking Association contested the application, arguing that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues the commission needed to address were whether the agreement met the statutory requirements for approval, including the provisions for employee representation, consultation, and the protection of employee rights. The commission had to determine whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act's provisions for enterprise agreements. The commission also considered whether the agreement provided for adequate dispute resolution mechanisms and whether it complied with the requirements for good faith bargaining.

The commission found that the agreement did not adequately provide for employee representation and consultation, which are essential components of an approved enterprise agreement. The commission noted that the agreement lacked provisions for a dedicated employee representative body and did not provide sufficient mechanisms for employee consultation on matters affecting their employment. The commission concluded that the agreement did not meet the statutory requirements for approval and dismissed the application. The commission also highlighted that the agreement did not adequately protect employee rights and did not provide for effective dispute resolution mechanisms.

As a result of the commission's decision, the Chittering Financial Services Limited Enterprise Agreement 2017 was not approved. The commission did not make any specific orders beyond dismissing the application for approval. The decision serves as a reminder to employers that enterprise agreements must meet stringent statutory requirements to be approved and highlights the importance of including provisions for employee representation, consultation, and dispute resolution in such agreements.

Chittering Financial Services Limited T/A Bindoon Community Bank Branch, Bullsbrook Community Bank Branch, Ellenbrook Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established