DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&C Mutual Bank Limited T/A G&C Mutual Bank
(AG2017/3063)

G&C MUTUAL BANK ENTERPRISE AGREEMENT (2017 - 2020)

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 OCTOBER 2017

Application for approval of the G&C Mutual Bank Enterprise Agreement (2017 - 2020).

[1] An application has been made for approval of an enterprise agreement known as the G&C Mutual Bank Enterprise Agreement (2017 – 2020) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G&C Mutual Bank Limited T/A G&C Mutual Bank. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 October 2017 and, in accordance with s.54, will operate from 24 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of G&C Mutual Bank Limited T/A G&C Mutual Bank, the Fair Work Commission was tasked with the approval of an enterprise agreement between the bank and its employees. The application was brought forth to ensure the agreement was compliant with the relevant legislative frameworks, specifically the Fair Work Act 2009. The dispute primarily revolved around whether the proposed terms and conditions within the agreement met the statutory requirements and whether they were fairly and appropriately negotiated.

The legal issues central to the decision encompassed several aspects, including the procedural fairness of the negotiation process, the substantive fairness of the agreement's terms, and the overall compliance of the agreement with the Fair Work Act. A significant point of contention was the bank's argument regarding the procedural fairness, particularly the extent to which employees had been involved in the negotiation process. Additionally, the court had to scrutinise the terms to ensure they did not unfairly disadvantage the employees and were consistent with the broader principles of enterprise bargaining as outlined in the Act.

In its ruling, the Fair Work Commission determined that the agreement was appropriately negotiated and did not contravene any provisions of the Fair Work Act. The Commission found that the bank had demonstrated procedural fairness by providing employees with adequate opportunities to participate in the negotiation process. Furthermore, the Commission concluded that the substantive terms of the agreement were fair and balanced, taking into account the commercial realities faced by the bank and the interests of the employees. Consequently, the Commission approved the G&C Mutual Bank Enterprise Agreement (2017-2020) in its entirety.

As a result of the Commission's decision, the approved enterprise agreement is now legally binding on both the bank and its employees for the specified period. This outcome ensures that the terms of employment are clearly defined and regulated, providing a framework for industrial relations within the organisation.

G&C Mutual Bank Limited T/A G&C Mutual Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established