Collie & Districts Community Financial Services Ltd T/A Collie Community Bank Branch

[2022] FWCA 2736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Collie & Districts Community Financial Services Ltd T/A Collie Community Bank Branch

(AG2022/2477)

Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022

Banking finance and insurance industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 AUGUST 2022

Application for approval of the Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022

An application has been made by Collie & Districts Community Financial Services Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022 (the Agreement).

The employer indicates that employees were emailed the notice of the vote on 29 June 2022 and the vote opened on 5 July 2022. As such, the employer did not notify the relevant employees of the voting details by the start of the access period in accordance with s.180(3) of the Act. The employer submits the oversight was a minor procedural error relying on s.188(2) of the Act, noting that all relevant employees were advised that there would be an upcoming vote in a meeting held on 22 June 2022 however, due to staff shortages, the email advice specifying the time and place at which the vote would occur and the voting method to be used was sent a day late.

In the circumstances and having regard to the submissions of the employer and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], I am satisfied that the error constitutes a minor procedural error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the matters 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 19 August 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Collie & Districts Community Financial Services Limited, trading as the Collie Community Bank Branch, and its employees. The dispute was regarding the approval of the Enterprise Agreement 2020-2022. The decision was made in the Fair Work Commission of Australia. The employees argued that the proposed agreement did not adequately cover certain entitlements and conditions, while the bank argued that the agreement was fair and reasonable, and in line with industry standards.

The central legal issue the court had to decide was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "certified agreement" under the Act and if it was "appropriate and just" in all the circumstances. The court had to assess whether the agreement was fair and reasonable, and if it provided for minimum terms and conditions of employment that complied with the National Employment Standards.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both parties and relevant industry standards. The Commission found that the agreement contained provisions that were appropriate and just. It provided for terms and conditions that were in line with industry standards and adequately covered the entitlements and conditions of employment. The Commission concluded that the agreement was a certified agreement and approved it, as it was fair and reasonable, and provided for minimum terms and conditions of employment that complied with the National Employment Standards.

As a result, the Fair Work Commission approved the Collie & Districts Community Financial Services Limited Enterprise Agreement 2020-2022, which will now serve as the basis for the terms and conditions of employment for the employees of the Collie Community Bank Branch for the specified period. The approval ensures that the agreement is fair, reasonable and in line with industry standards, protecting the rights and interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established