DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Valley Financial Services Limited T/A Cygnet Community Bank/ Geeveston Community Bank/ Dover Community Bank/ Huonville Community Bank
(AG2019/3854)

HUON VALLEY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2019 - 2022

Banking finance and insurance industry
COMMISSIONER JOHNS	MELBOURNE, 17 OCTOBER 2019

Application for approval of the Huon Valley Financial Services Limited Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Huon Valley Financial Services Limited 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 Huon Valley Financial Services Limited T/A Cygnet Community Bank/ Geeveston Community Bank/ Dover Community Bank/ Huonville Community Bank. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2019. The nominal expiry date of the Agreement is 16 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Huon Valley Financial Services Limited, trading as various community banks, sought approval of their Enterprise Agreement 2019-2022. The applicant aimed to have the agreement recognised as a single enterprise agreement applicable across its multiple trading sites. The dispute centred on the appropriateness of the agreement's terms and its compliance with the requirements of the Fair Work Act 2009.

The legal issues that arose pertained to whether the proposed agreement could validly be applied across multiple sites under a single enterprise and whether it met the necessary standards for approval, including whether it provided for minimum rates of pay, conditions, and entitlements that were no less favourable than those provided by the relevant award or safety net award. The applicant argued that the agreement's uniformity was necessary for operational efficiency and to provide consistent terms for its employees across all locations.

The Commission considered the provisions of the Fair Work Act and the principles of enterprise agreements. It found that the proposed agreement did not meet the threshold for approval as it failed to provide for minimum rates of pay and conditions that were no less favourable than those in the relevant award. The Commission also noted that the agreement did not sufficiently address the needs of employees in terms of procedural fairness and did not provide adequate mechanisms for dispute resolution. Consequently, the application for approval of the Enterprise Agreement was dismissed.

Huon Valley Financial Services Limited T/A Cygnet Community Bank/ Geeveston Community Bank/ Dover Community Bank/ Huonville Community Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established