Hume Bank Limited T/A Hume Bank

[2020] FWCA 721

[2020] FWCA 721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Bank Limited T/A Hume Bank
(AG2019/5073)

HUME BANK (‘HUME’) ENTERPRISE AGREEMENT 2019 – 2022

Banking finance and insurance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Hume Bank (‘HUME’) Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hume Bank (‘HUME’) Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hume Bank Limited T/A Hume Bank. 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] The Financial Services Union 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.5(a);

•  Clause 5.20(a); and

•  Clause7.11(a)(iii).

[6] However, noting clause 1.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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Annexure A