DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clifroy Limited T/A Clifton Hill / North Fitzroy Community Bank Branch of Bendigo Bank
(AG2016/1544)

CLIFROY LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Clifroy Limited Community Bank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clifroy Limited Community Bank 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 Clifroy Limited T/A Clifton Hill / North Fitzroy Community Bank Branch of Bendigo Bank. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 9 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Clifroy Limited, trading as the Clifton Hill/North Fitzroy Community Bank Branch of Bendigo Bank, and its employees, represented by the Finance Sector Union of Australia. The dispute centred around the application for approval of the Clifroy Limited Community Bank Enterprise Agreement 2016. This application was brought before the Fair Work Commission, which is responsible for resolving workplace disputes and promoting cooperative workplace relations in Australia. The primary issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009.

The Commission had to consider various factors to determine if the agreement was fair and reasonable. These factors included the terms and conditions of employment, the financial position of the employer, and whether the agreement facilitated productivity and efficiency in the workplace. Additionally, the Commission had to ensure that the agreement did not discriminate against any individual or group of employees and was consistent with the overarching objectives of the Fair Work Act. The Commission also needed to assess whether the agreement provided adequate consultation and negotiation processes between the employer and employees.

After carefully considering the evidence presented by both parties and the relevant legal framework, the Commission found that the Clifroy Limited Community Bank Enterprise Agreement 2016 was fair and reasonable. The Commission was satisfied that the agreement addressed the interests of both the employees and the employer in a balanced manner and complied with the requirements of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered as a valid enterprise agreement. The decision confirmed that the agreement would now govern the terms and conditions of employment for the employees of Clifroy Limited, trading as the Clifton Hill/North Fitzroy Community Bank Branch of Bendigo Bank.

Clifroy Limited T/A Clifton Hill / North Fitzroy Community Bank Branch of Bendigo Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established