DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobsons Bay Community Financial Services Limited T/A Altona Community Bank Branch and Laverton Community Bank Branch
(AG2018/1209)

HOBSONS BAY COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2016 - 2018

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JULY 2018

Application for approval of the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobsons Bay Community Financial Services Limited T/A Altona Community Bank Branch and Laverton Community Bank Branch. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Finance Sector Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 July 2018 and, in accordance with s.54, will operate from 31 July 2018. The nominal expiry date of the Agreement is 18 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hobsons Bay Community Financial Services Limited, trading as Altona Community Bank Branch and Laverton Community Bank Branch, filed an application for the approval of their Enterprise Agreement 2016 - 2018. The application was heard by the Fair Work Commission, where the primary concern was the procedural fairness of the agreement's negotiation and approval process. The case centred around whether the agreement was made in accordance with the necessary legal requirements and if it was consistent with the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was negotiated fairly and in good faith, if the agreement met the criteria set forth in the Fair Work Act, and if there were any procedural deficiencies that would invalidate the agreement. A critical aspect of the case involved the interpretation of the procedural fairness principles and the extent to which the parties had complied with these principles during the negotiation and approval process.

The Fair Work Commission assessed the evidence presented and determined that the agreement was indeed negotiated in good faith and adhered to the requirements of the Fair Work Act. The Commission found that there were no significant procedural deficiencies and that the agreement was fair and consistent with the legislative framework. Consequently, the application for approval was granted, and the Enterprise Agreement 2016 - 2018 was approved.

Hobsons Bay Community Financial Services Limited T/A Altona Community Bank Branch and Laverton Community Bank Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established