DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community CPS Australia Limited; Eastwoods Wealth Management Pty Ltd T/A Beyond Bank Australia Wealth Management
(AG2016/4960)

COMMUNITY CPS AUSTRALIA AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Community CPS Australia Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Community CPS Australia 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 Community CPS Australia Limited; Eastwoods Wealth Management Pty Ltd T/A Beyond Bank Australia Wealth Management. The Agreement is a single enterprise agreement.

[2] 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] The Finance Sector Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Community CPS Australia Limited, a registered organisation under the Fair Work Act 2009, and Eastwoods Wealth Management Pty Ltd trading as Beyond Bank Australia Wealth Management. The primary dispute was over the application for the approval of the Community CPS Australia Agreement 2016, which aimed to establish a framework for enterprise agreements between the parties. The matter was heard in the Fair Work Commission.

The central legal issues the court needed to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it contained the necessary minimum terms and conditions. Furthermore, the court had to consider whether the agreement appropriately balanced the interests of both parties and complied with the relevant provisions of the Act.

The court examined the agreement in detail, assessing its compliance with the mandatory minimum terms and conditions stipulated in the Fair Work Act 2009. The court found that the agreement satisfied these requirements and appropriately balanced the interests of both parties. It was noted that the agreement provided a fair and reasonable framework for resolving any future workplace issues. Consequently, the court approved the application for the agreement's approval.

The Fair Work Commission approved the Community CPS Australia Agreement 2016, confirming that it met all the necessary statutory requirements and appropriately balanced the interests of both parties. The decision was made based on the comprehensive analysis of the agreement's provisions and their compliance with the Fair Work Act 2009.

Community CPS Australia Limited; Eastwoods Wealth Management Pty Ltd T/A Beyond Bank Australia Wealth Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established