DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geographe Bay Community Enterprises Limited T/A Busselton Community Bank / Dunsborough Community Bank
(AG2016/1340)

GEOGRAPHE BAY COMMUNITY ENTERPRISES LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Geographe Bay Community Enterprises Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Geographe Bay Community Enterprises Limited Enterprise 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 Geographe Bay Community Enterprises t/a Busselton Community Bank/Dunsborough 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 Financial Services Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 5 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Geographe Bay Community Enterprises Limited T/A Busselton Community Bank / Dunsborough Community Bank, the Fair Work Commission was tasked with deciding whether to approve the Enterprise Agreement between the employer and its employees. The application for approval was brought under section 232 of the Fair Work Act 2009. The employer, Geographe Bay Community Enterprises Limited, operates community banks in Busselton and Dunsborough, and the agreement in question covered various terms and conditions of employment for its staff.

The primary legal issue the Commission needed to resolve was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly section 231, which mandates that agreements must be in writing, not be discriminatory, and provide for the resolution of disputes. Additionally, the Commission had to consider if the agreement met the requirements of the High Court’s decision in CFMEU v Personnel Contracting Pty Ltd, which emphasised the importance of independent bargaining and genuine agreement.

The Commission found that the Enterprise Agreement met the statutory requirements for approval. It was determined that the agreement was in writing and did not contain any discriminatory provisions. Furthermore, the agreement included mechanisms for the resolution of disputes, thus satisfying the statutory criteria. The Commission also found that the bargaining process was genuine, as evidenced by the employer’s willingness to negotiate and the employees' active participation. The agreement was approved under section 233 of the Fair Work Act. The Commission made an order approving the Enterprise Agreement, effective from the date of the decision.

Geographe Bay Community Enterprises Limited T/A Busselton Community Bank / Dunsborough 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