DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobsons Bay Community Financial Services Limited
(AG2021/6273)

HOBSONS BAY COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2019 - 2022

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JULY 2021

Application for approval of the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2019 - 2022.

[1] Hobsons Bay Community Financial Services Limited has made an application for approval of an enterprise agreement known as the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Agreement was approved on 28 July 2021 and, in accordance with s 54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 18 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hobsons Bay Community Financial Services Limited (Hobsons Bay) applied to the Fair Work Commission for approval of the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2019 - 2022. The applicants were represented by a union. The respondents were represented by Hobsons Bay. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The court examined several legal issues, including whether the agreement met the requirements for "better off overall" and "no disadvantage" tests. It also needed to determine whether the agreement contained terms that were not expressly permitted by the Fair Work Act, or that contravened the principles of good faith bargaining. Furthermore, the court considered whether the agreement adequately addressed the needs of the employees and provided for their protection in the workplace.

After a thorough review of the agreement and the submissions from both parties, the Fair Work Commission found that the agreement was compliant with the Fair Work Act and met the necessary criteria. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, ensuring the employees were not worse off overall and that there was no undue disadvantage. Consequently, the Commission approved the agreement, finding it to be in accordance with the legislative requirements.

No further orders were made by the Fair Work Commission in relation to this application. The Hobsons Bay Community Financial Services Limited Enterprise Agreement 2019 - 2022 was approved and is now in effect for the duration specified.

Hobsons Bay Community Financial Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established