Forrestfield & Districts Community Financial Services Limited T/A Community Bank Forrestfield - Bendigo Bank - [2023] FWCA 1324

[2023] FWCA 1324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Forrestfield & Districts Community Financial Services Limited T/A Community Bank Forrestfield - Bendigo Bank

(AG2023/1115)

COMMUNITY BANK © FORRESTFIELD ENTERPRISE AGREEMENT 2023 – 2026

Banking finance and insurance industry
COMMISSIONER YILMAZ	MELBOURNE, 9 MAY 2023

Application for approval of the Community Bank © Forrestfield Enterprise Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the Community Bank © Forrestfield Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forrestfield & Districts Community Financial Services Limited T/A Community Bank Forrestfield - Bendigo Bank. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3(b) of the Agreement as amended in paragraph 1 of the undertakings in Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 16 May 2023. The nominal expiry date of the Agreement is 16 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Forrestfield & Districts Community Financial Services Limited, trading as Community Bank Forrestfield, applied to the Fair Work Commission for the approval of the Community Bank Forrestfield Enterprise Agreement 2023 – 2026. The application was made in accordance with the Fair Work Act 2009. The dispute arose between the employer, Community Bank Forrestfield, and the employees who are members of the relevant union, the Australian Banking and Finance Union. The central issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act, including fairness, the absence of adverse economic impacts, and compliance with the Better Off Overall Test (BOOT).

The Commission examined the agreement to ensure that it was free from any discriminatory provisions and provided for a fair and reasonable set of terms and conditions for the employees. The Commission also assessed the economic impact of the proposed agreement, considering factors such as the potential effect on the financial viability of the employer. Additionally, the Commission applied the BOOT to determine whether the agreement provided employees with a better overall package of pay and conditions than they would have received under the applicable award or other agreement. The Commission gave particular attention to the wage increase provisions, the provisions for overtime and penalty rates, and other conditions of employment.

In reaching its decision, the Commission found that the proposed agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement did not contain any discriminatory terms and provided for a fair and reasonable set of terms and conditions for the employees. The Commission also concluded that the proposed agreement would not have an adverse economic impact on the employer and that it satisfied the BOOT. As a result, the Commission approved the Community Bank Forrestfield Enterprise Agreement 2023 – 2026. The Commission issued a certificate of approval under section 234 of the Fair Work Act, which will be effective from the date of the certificate and will remain in force until the end of the agreement period.

Forrestfield & Districts Community Financial Services Limited T/A Community Bank Forrestfield - Bendigo Bank

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established