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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Hume Bank Limited, trading as Hume Bank, and its employees represented by the Australian Banking Industry Association. The dispute arose over the application for approval of the Hume Bank Enterprise Agreement 2019-2022. The application was brought before the Fair Work Commission (FWC) which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The legal issues before the FWC centred around the terms and conditions of the proposed enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was in the public interest, whether it provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the Fair Work Act. The FWC also needed to determine if the agreement had been genuinely negotiated and whether it included appropriate dispute resolution mechanisms.

In examining the application, the FWC considered submissions from both parties, along with the broader economic and industry context. The FWC found that the proposed agreement met the necessary criteria for approval. It was determined that the agreement was negotiated in good faith, provided fair and reasonable terms and conditions, and included appropriate dispute resolution processes. The FWC concluded that the agreement was in the public interest and consistent with the principles of the Fair Work Act.

The FWC approved the Hume Bank Enterprise Agreement 2019-2022, noting the need for careful consideration of the terms to ensure they supported the operational needs of the bank while also providing fair outcomes for employees. The decision underscored the importance of maintaining a balance between the interests of the employer and the workforce, in line with the statutory framework governing enterprise agreements.

Hume Bank Limited T/A Hume Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established