Greater Bank Ltd

[2017] FWCA 5497

[2017] FWCA 5497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Greater Bank Ltd
(AG2017/4182)

THE GREATER BUILDING SOCIETY LTD ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
COMMISSIONER SAUNDERS	NEWCASTLE, 1 NOVEMBER 2017

Application for termination of The Greater Building Society Ltd Enterprise Agreement 2014.

[1] The Greater Bank Ltd (The Greater) had a new enterprise agreement approved by the Fair Work Commission on 8 September 2017. The new enterprise agreement is known as the Greater Bank Enterprise Agreement 2017 (2017 EA). The scope of coverage of the 2017 EA is different from the The Greater Building Society Ltd Enterprise Agreement 2014 (2014 EA). In particular, the 2017 EA does not cover about 60 “senior” employees who are covered by the 2014 EA (Non-Covered Employees).

[2] The Greater has applied to terminate the 2014 EA. The nominal expiry date of the 2014 EA was 30 June 2017. Ms Kristy Bagnall, Head of Human Resources at The Greater, has provided a witness statement in support of the application to terminate the 2014 EA. I have had regard to that witness statement in deciding this application.

[3] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU) is covered by the 2014 EA. The USU has been given an opportunity to, and has, provided its views to the Commission in relation to The Greater’s application to terminate the 2014 EA. 1 I have had regard to the views expressed by the USU in its letter to the Commission dated 31 October 2017 in deciding this application.

[4] I am satisfied that each of the Non-Covered Employees have been given an opportunity to inform the Commission if they oppose the application to terminate the 2014 EA. The Commission has not received any witness statement or communication from an employee of The Greater indicating their opposition to the application to terminate the 2014 EA.

[5] I am also satisfied that The Greater has engaged in consultation with, and provided information to, the Non-Covered Employees about the application for termination of the 2014 EA and the consequences of it for them. Two of the Non-Covered Employees 2 who have been involved in consultation process have informed the Commission that:

● they consent to the application to terminate the 2014 EA;

● so far as they are aware, each of the Non-Covered Employees consent to the application to terminate the 2014 EA; and

● they are not aware of any employee of The Greater who does not consent to the termination of the 2014 EA.

[6] Having regard to the information provided to me in Ms Bagnall’s witness statement, by Mr Goodchild and Mr Booth on 24 October 2017, and by the USU in its letter to the Commission dated 31 October 2017, I am satisfied that: 3

● termination of the 2014 EA is not contrary to the public interest; and

● it is appropriate to terminate the 2014 EA taking account all the circumstances including:

○ the views of the employees covered by the 2014 EA, The Greater, and the USU; and

○ the circumstances of those employees, The Greater, and the USU including the likely effect that the termination will have on each of them.

[7] Accordingly, I terminate the 2014 EA with effect from midnight on 3 November 2017. An order [PR597349] giving effect to this decision will be issued today.

COMMISSIONER

 1   Letter from the USU to the Commission dated 31 October 2017

 2   Mr W. Goodchild and Mr B. Booth

 3 Section 226 of the Fair Work Act 2009 (Cth)

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