DECISION

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

Good Country Financial Services Limited t/as Keith and Districts Community Bank
(AG2015/3360)

GOOD COUNTRY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JULY 2015

Application for approval of the Good Country Financial Services Limited Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Good Country Financial Services Limited t/as Keith and Districts Community Bank (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Good Country Financial Services Limited Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with three nominated Employee Bargaining Representatives (who are the 3 employees covered by the Agreement) and who are employed in clerical roles, excluding managerial staff, at the applicant’s community banking franchise in Keith, South Australia. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 5 May 2015, and voting for the Agreement’s approval took place on 8 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all 3 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Ryan, Farmer, identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Ryansaid that the Agreement does provide one term that is less beneficial than under the Award, in that the Agreement provides for a Higher Duties Allowance where an employee is required to perform all the duties in a position higher than their own for five, rather than four days. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher rates of pay, enhanced severance entitlements and a laundry allowance not provided for under the Award. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 25 provides for mediation and arbitration by independent third parties.

[4] At a hearing of the application on 28 July 2015, Mr D Villani of Bendigo and Adelaide Bankappeared for the applicant. He outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the Agreement was similar to a number of other enterprise agreements approved by the Commission in that discretionary increases to rates of pay are based on the performance of the Company, the performance of individual employees and increases negotiated for employees of Bendigo and Adelaide Bank.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Good Country Financial Services Limited Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 4 August 2015 and have a nominal expiry date of 3 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Good Country Financial Services Limited trading as Keith and Districts Community Bank, applied to the Fair Work Commission for the approval of the Good Country Financial Services Limited Enterprise Agreement 2015. The applicant sought approval for the agreement under section 222 of the Fair Work Act 2009, asserting that it met the criteria for a single-employer agreement. The dispute centred on whether the agreement was appropriately classified as a single-employer agreement and whether it complied with the requirements set out in the Fair Work Act.

The legal issues before the court were whether the enterprise agreement was validly classified as a single-employer agreement and if it complied with the relevant provisions of the Fair Work Act. The court had to determine if the applicant had met the criteria for a single-employer agreement, including that the agreement covered employees who worked for the applicant employer only. Additionally, the court examined if the agreement adhered to the procedural requirements of the Fair Work Act, including whether it was made in good faith and whether it had been properly notified and registered.

The court found that the agreement was appropriately classified as a single-employer agreement and that it met the procedural requirements under the Fair Work Act. The court noted that the agreement covered employees who worked solely for the applicant employer and that the necessary steps had been taken for its approval. The court was satisfied that the agreement was made in good faith and that all procedural requirements had been met. Consequently, the court approved the enterprise agreement under section 222 of the Fair Work Act.

The Fair Work Commission approved the Good Country Financial Services Limited Enterprise Agreement 2015, determining it to be a valid single-employer agreement that complied with the provisions of the Fair Work Act. The approval was granted, and the agreement was registered accordingly.

Good Country Financial Services Limited t/as Keith and Districts Community Bank

DECISION

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