Hume Bank Limited Summary

[2022] FWCA 2849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hume Bank Limited

(AG2022/3326)

Hume Bank (‘Hume’) Enterprise Agreement 2022 - 2025

Banking finance and insurance industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 AUGUST 2022

Application for approval of the Hume Bank (‘Hume’) Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the Hume Bank (‘Hume’) Enterprise Agreement 2022 – 2025 (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. The Agreement is a single enterprise agreement.

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.

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.

The Agreement was approved on 23 August 2022 and, in accordance with s.54, will operate from 30 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Hume Bank Limited applied to the Fair Work Commission for the approval of the Hume Bank Enterprise Agreement 2022 – 2025. The dispute involved the terms and conditions of employment for the bank's employees, who were represented by the Finance Sector Union of Australia. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that complied with the National Employment Standards and the applicable awards. Additionally, the Commission had to assess whether the agreement contained provisions that were contrary to public policy or had an unjustifiable adverse effect on employees' ability to take protected industrial action. The Commission also needed to consider whether the agreement provided for a fair and efficient process for resolving disputes.

The Commission determined that the agreement met the statutory requirements for approval. It found that the agreement provided for minimum rates of pay and conditions that complied with the relevant standards and awards. The Commission concluded that there were no provisions in the agreement that were contrary to public policy or had an unjustifiable adverse effect on employees' ability to take protected industrial action. Furthermore, the Commission was satisfied that the agreement provided for an efficient process for resolving disputes. The Commission approved the agreement, noting that it represented a fair and reasonable outcome for both the bank and its employees.

The Commission's decision was made on the basis that the agreement was fair and reasonable, and it met the necessary criteria for approval under the Fair Work Act. The approval of the agreement ensures that the employees of Hume Bank have a clear understanding of their employment terms and conditions, and that their rights and obligations are properly balanced. The Commission's decision provides certainty and stability for both the bank and its employees, and it helps to promote a productive and harmonious workplace.

Hume Bank Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established