DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Community Financial Services Ltd T/A Fremantle Community Bank Branch of the Bendigo Bank
(AG2019/701)

FREMANTLE COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the Fremantle Community Financial Services Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Community Financial Services Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fremantle Community Financial Services Ltd T/A Fremantle Community Bank Branch of the Bendigo Bank. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Fremantle Community Financial Services Limited, trading as Fremantle Community Bank, a branch of the Bendigo Bank, applied for approval of the Fremantle Community Financial Services Limited Enterprise Agreement 2019. The application involved a dispute over the terms and conditions of employment for the bank's employees, specifically focusing on the classification and remuneration of roles within the organisation.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. This included examining the classification of employee roles, the proposed wage rates, and other employment conditions such as leave entitlements and working hours.

The Commission assessed the application against the requirements set out in the Fair Work Act. It considered the fairness and reasonableness of the agreement's terms, taking into account the principles of good faith bargaining and the overall impact on the employees. The Commission determined that the agreement was fair and reasonable, and approved it accordingly. The approval of the Fremantle Community Financial Services Limited Enterprise Agreement 2019 was thus granted by the Commission.

Fremantle Community Financial Services Ltd T/A Fremantle Community Bank Branch of the Bendigo Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established