DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cool Country Community Enterprises Ltd T/A Trentham And Districts Community Bank
(AG2018/5937)

COOL COUNTRY COMMUNITY ENTERPRISES LIMITED ENTERPRISE AGREEMENT 2017 - 2021

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Cool Country Community Enterprises Limited Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cool Country Community Enterprises Limited Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cool Country Community Enterprises Ltd T/A Trentham And Districts Community Bank. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 1 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Cool Country Community Enterprises Limited, trading as Trentham And Districts Community Bank, which sought approval of an enterprise agreement for the period 2017 to 2021. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the terms and conditions of employment for the bank's employees.

The primary legal issues before the court were whether the proposed enterprise agreement was fairly and appropriately negotiated, and whether it met the requirements for approval under the Fair Work Act. This included an assessment of whether the agreement contained appropriate provisions for minimum wages and conditions, as well as whether it adhered to the principles of good faith bargaining and provided for a fair and reasonable outcome for both the employer and employees.

The Fair Work Commission examined the negotiation process and the content of the proposed agreement. The court found that the agreement was the product of good faith bargaining and contained terms that were fair and reasonable, meeting the statutory requirements. The proposed agreement was considered to be in the best interests of the employees, providing adequate protections and benefits. The commission also noted the importance of community banks in providing essential financial services to rural and regional communities, and the need for flexible and tailored agreements that reflect the unique nature of these entities. The court approved the application, endorsing the proposed enterprise agreement as compliant with the Fair Work Act.

The Fair Work Commission ordered the approval of the Cool Country Community Enterprises Limited Enterprise Agreement 2017 to 2021, recognising it as a fair and reasonable agreement that meets the requirements for registration under the Fair Work Act. The agreement now serves as a binding framework for the employment conditions of the bank's staff, providing certainty and stability in their working arrangements.

Cool Country Community Enterprises Ltd T/A Trentham And Districts Community Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established