Heritage And People's Choice Limited t/as People First Bank, Heritage Bank Limited, People's Choice Credit Union Summary

[2025] FWCA 1748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Heritage And People's Choice Limited t/as People First Bank, Heritage Bank Limited, People's Choice Credit Union

(AG2025/1482)

PEOPLE FIRST BANK ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
COMMISSIONER REDFORD	MELBOURNE, 26 MAY 2025

Application for approval of the People First Bank Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the People First Bank Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heritage And People's Choice Limited t/as People First Bank, Heritage Bank Limited, People's Choice Credit Union (People First Bank). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with People First Bank in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Consideration

Subject to the undertakings referred to above, 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-South Australian and Northern Territory Branch (ASU) and Finance Sector Union of Australia (FSU) being bargaining representatives 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 ASU and FSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Heritage And People's Choice Limited trading as People First Bank, Heritage Bank Limited, and People's Choice Credit Union, sought approval from the Fair Work Commission of an Enterprise Agreement. The agreement, titled the People First Bank Enterprise Agreement 2025, was intended to govern the employment terms and conditions of certain employees within the organisations. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant legislative framework and was fair and reasonable in its terms.

The primary legal issues before the Commission were whether the proposed Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement was free from prohibited content, if it had been genuinely agreed upon by the relevant parties, and if the agreement was procedurally sound. The Commission also had to consider whether the agreement contained terms and conditions that were fair and reasonable, taking into account the principles of the National Employment Standards and the safety net protections.

In reaching its decision, the Commission examined the submissions and evidence provided by the parties. It assessed the procedural fairness of the agreement-making process and evaluated the substantive terms and conditions of the proposed agreement. The Commission considered whether the agreement provided for adequate wages, leave entitlements, and other conditions of employment that were consistent with the principles of the safety net. After a detailed analysis, the Commission concluded that the People First Bank Enterprise Agreement 2025 was fair and reasonable and complied with the legislative requirements for approval.

The Fair Work Commission approved the People First Bank Enterprise Agreement 2025, effective from the date specified in the agreement. The Commission's approval was subject to the terms and conditions set out in the agreement, which now governed the employment relationship between the applicants and their employees. The decision provided clarity and certainty for the parties involved and established the terms under which the employees would be engaged for the duration of the agreement.

Heritage And People's Choice Limited t/as People First Bank, Heritage Bank Limited, People's Choice Credit Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established