Hawkesbury Community Financial Services Limited

[2013] FWCA 3106

[2013] FWCA 3106

FAIR WORK COMMISSION

DECISION

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

Hawkesbury Community Financial Services Limited
(AG2013/298)

HAWKESBURY COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 MAY 2013

Hawkesbury Community Financial Services Limited Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hawkesbury Community Financial Services Limited Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hawkesbury Community Financial Services Limited. The agreement is a single-enterprise agreement.

[2] This matter was listed for e-hearing but the Finance Sector Union of Australia (FSU) raised a number of concerns. These were subsequently addressed by Hawkesbury Community Financial Services Limited (the employer).

[3] The employer addressed each of the concerns expressed by the FSU and advised that it believed that given the salary levels employees would be better off overall. Further examples were sent today. I have taken these statements as constituting an undertaking by the employer.

[4] In relation to some other matters raised by the FSU, these are matters which do not prevent certification.

[5] Subject to some concerns that have been addressed by way of an undertaking, 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.

[6] As noted, pursuant to s.190(3), I have accepted an undertaking from Hawkesbury Community Financial Services Limited. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2013. The nominal expiry date of the Agreement is 23 May 2017.

DEPUTY PRESIDENT

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