DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horizon Credit Union Limited
(AG2020/3998)

HORIZON BANK EMPLOYEES ENTERPRISE AGREEMENT 2020-2023

Banking finance and insurance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2021

Application for approval of the Horizon Bank Employees Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Bank Employees Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Horizon Credit Union Limited. 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 have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] I note that clause 2 of the Agreement states that the date of commencement shall be the date it is approved by the Fair Work Commission, which differs from the requirements of s.54(1) of the Act.

[5] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 28 January 2021. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Horizon Credit Union Limited, an applicant, sought approval of the Horizon Bank Employees Enterprise Agreement 2020-2023 from the Fair Work Commission. This agreement was proposed to cover employees working at Horizon Bank's branches across various states in Australia. The nature of the dispute was whether the terms and conditions outlined in the proposed agreement complied with the relevant industrial legislation and standards. The Commission was required to consider if the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement was "better off overall" for the employees it covered, and whether it complied with the "good faith" requirement under the Fair Work Act. The Commission had to assess the agreement's provisions regarding wages, hours of work, leave entitlements, and other employment conditions, to determine if they provided a fair and reasonable outcome for the employees. Additionally, the Commission needed to ensure that the agreement was negotiated in good faith and that the process of negotiation was fair.

The Commission found that the proposed enterprise agreement provided a fair and reasonable outcome for the employees and was negotiated in good faith. The agreement was deemed to be "better off overall" for the employees, taking into account the overall benefits and detriments to the employees, including the wage increases, the improved working conditions, and the additional leave entitlements. The Commission also determined that the process of negotiation was fair and that the agreement complied with the relevant industrial legislation and standards. Consequently, the Commission approved the Horizon Bank Employees Enterprise Agreement 2020-2023.

The final orders of the Commission were that the Horizon Bank Employees Enterprise Agreement 2020-2023 be approved, effective from the date of the decision, and that it be registered with the Fair Work Commission. The approved agreement was to apply to all employees of Horizon Bank covered by the agreement, and it superseded any previous enterprise agreements in force between the parties. The Commission's decision provided legal certainty for both the applicant and the employees, ensuring that the agreement was fair, reasonable, and in compliance with the Fair Work Act.

Horizon Credit Union Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established