Greater Bank Limited T/A Greater Bank Limited

[2022] FWCA 1452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greater Bank Limited T/A Greater Bank Limited

(AG2022/755)

Greater Bank Limited Enterprise Agreement 2022

Banking finance and insurance industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 APRIL 2022

Application for approval of the Greater Bank Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Greater Bank Limited Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Greater Bank Limited, trading as Greater Bank Limited, applied for approval of the Greater Bank Limited Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for the bank's employees, as proposed in the new enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it met the requirements for good faith bargaining, and whether it provided for the fair and reasonable terms and conditions of employment. The bank argued that the agreement was fair and reasonable and reflected the economic realities of the banking sector. The Commission had to carefully consider these arguments and assess the agreement against the statutory criteria.

After reviewing the evidence and submissions, the Commission concluded that the Greater Bank Limited Enterprise Agreement 2022 was a genuine enterprise agreement that met the necessary criteria for approval. The Commission found that the agreement reflected good faith bargaining and provided for fair and reasonable terms and conditions of employment. The Commission also noted the importance of the agreement in providing certainty and stability for both the bank and its employees.

The Commission approved the Greater Bank Limited Enterprise Agreement 2022, effective from the date of the decision. This approval means that the terms and conditions of employment outlined in the agreement are now legally binding on both the bank and its employees. The decision provides clarity and certainty for all parties involved and ensures that the agreement meets the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established