Clifroy Limited

[2013] FWCA 1793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clifroy Limited
(AG2013/447)

CLIFROY LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 MARCH 2013

Application for approval of the Clifroy Limited Community Bank Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Clifroy Limited Community Bank Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clifroy Limited. The agreement is a single-enterprise agreement.

[2] Subject to some concerns that have been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Clifroy Limited. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2013. The nominal expiry date of the Agreement is 28 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clifroy Limited, a company in the retail sector, was the subject of an application to the Fair Work Commission for the approval of the Clifroy Limited Community Bank Enterprise Agreement 2012. The dispute involved the terms and conditions of employment for the bank's staff, including wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Act and whether it contained mandatory terms as required by the legislation. Specifically, the Commission had to assess whether the agreement provided for a fair and reasonable remuneration structure, appropriate working hours, and other conditions that adhered to the statutory minimum standards. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was in compliance with the statutory requirements and contained the necessary mandatory terms. The Commission noted that the agreement provided for wages that met the minimum award rates, reasonable working hours that did not exceed the maximum permitted under the Act, and other employment conditions that were fair and reasonable. The Commission also observed that the agreement appropriately balanced the interests of the parties, providing adequate protections for the employees while also allowing the employer to operate the business effectively. As a result, the Commission approved the Clifroy Limited Community Bank Enterprise Agreement 2012.

The Commission's final orders included the approval of the Clifroy Limited Community Bank Enterprise Agreement 2012, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the bank's staff until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established