Clovelly Community Financial Services Limited T/A Clovelly Community Bank ® Branch of Bendigo Bank

[2013] FWCA 1399

[2013] FWCA 1399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clovelly Community Financial Services Limited T/A Clovelly Community Bank ® Branch of Bendigo Bank
(AG2013/292)

CLOVELLY COMMUNITY FINANCIAL SERVICES LTD ENTERPRISE AGREEMENT 2013 - 2016

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 7 MARCH 2013

Application for the approval of the Clovelly Community Financial Services Ltd Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clovelly Community Financial Services Ltd Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clovelly Community Financial Services Limited T/A Clovelly Community Bank ® Branch of Bendigo Bank. The agreement is a single-enterprise agreement.

[2] It has been brought to my attention that there is a typographical error in the heading of clause 13.2 at page 20 of the Agreement. The heading of the first bullet point in clause 13.2 reads

“Ordinary hours worked after 79.00 pm on any day Monday through Friday.”

[3] In accordance with section 586 of the Fair Work Act 2009 the agreement is to be read with the removal of the number 7 so that the hours of work referred to in the heading are consistent with the contents of the clause which reads;

“When you have agreed to work these hours as part of your ordinary hours of work, the company will pay you a 25 % loading (ie time and a quarter) for each hour worked after 9.00 pm on any day Monday through to Friday.”

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2013. The nominal expiry date of the Agreement is 13 March 2016.

DEPUTY PRESIDENT

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