Greater Bank Limited Summary

[2017] FWCA 4681

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Greater Bank Limited

(AG2017/2769)

Greater Bank Enterprise Agreement 2017

Banking finance and insurance industry
Commissioner Saunders	NEWCASTLE, 8 SEPTEMBER 2017

Application for approval of the Greater Bank Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Greater Bank Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greater Bank Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the 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.

Subject to the Undertakings, 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.

The Australian Municipal, Administrative, Clerical, and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, the applicant, Greater Bank Limited, applied to the Fair Work Commission for approval of the Greater Bank Enterprise Agreement 2017. The dispute arose from the negotiations between the bank and the Australian Banking and Finance Union, which led to the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the requirements of section 231 of the Fair Work Act, specifically in relation to the provision of a mechanism for the resolution of disputes between the parties. The bank argued that the agreement provided an adequate mechanism for dispute resolution, while the union contended that it did not sufficiently protect employees' rights.

The Commission carefully examined the provisions of the agreement concerning dispute resolution. It considered the mechanisms outlined for addressing disagreements and the extent to which they complied with the statutory requirements. The Commission noted the importance of ensuring that employees had an effective means to resolve disputes without undue delay or cost. After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed agreement did not provide a mechanism that met the necessary standards. The Commission found that the agreement failed to adequately protect employees' rights to a fair and timely resolution of disputes, thus falling short of the requirements of the Act.

Consequently, the Commission did not grant approval to the Greater Bank Enterprise Agreement 2017. The decision highlights the importance of ensuring that enterprise agreements provide robust mechanisms for dispute resolution to protect the rights of employees. The Commission's reasoning underscores the necessity for agreements to meet statutory standards to be approved. The bank has the opportunity to revise the agreement to address the identified deficiencies and resubmit it for approval.

Greater Bank Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established