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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Clovelly Community Financial Services Limited, trading as Clovelly Community Bank, a branch of Bendigo Bank, made an application for the approval of the Clovelly Community Financial Services Ltd Enterprise Agreement 2013 - 2016. The dispute centred on the terms and conditions of employment for staff within the organisation. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements for approval, including the need for it to provide for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties. The Commission also needed to consider whether the agreement contained any provisions that were inconsistent with the Fair Work Act or other relevant legislation. Furthermore, the Commission assessed whether the agreement adequately provided for the resolution of disputes and the protection of employee rights.

After reviewing the evidence and submissions presented by both parties, the Commission found that the enterprise agreement was fair and reasonable and had been genuinely agreed upon. The agreement contained provisions that were consistent with the Fair Work Act and other relevant legislation. The Commission was satisfied that the agreement provided for the fair and reasonable terms and conditions of employment and that it adequately addressed the resolution of disputes and the protection of employee rights. Consequently, the Commission approved the Clovelly Community Financial Services Ltd Enterprise Agreement 2013 - 2016.

The Commission's decision to approve the enterprise agreement was based on its determination that the agreement met the necessary criteria under the Fair Work Act. The Commission found that the agreement was fair and reasonable, genuinely agreed upon by the parties, and compliant with relevant legislation. As a result, the agreement was approved, providing a framework for the terms and conditions of employment for staff within Clovelly Community Financial Services Limited, trading as Clovelly Community Bank, a branch of Bendigo Bank, for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established