DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IMB Ltd T/A IMB Bank
(AG2018/5646)

IMB BANK ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the IMB Bank Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the IMB Bank Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IMB Ltd T/A IMB 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian 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.

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

• Clause 19.4 - Casual Employee

• Clause 45.10 - Personal leave

However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved IMB Ltd T/A IMB Bank, seeking approval of the IMB Bank Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, specifically addressing the procedural and substantive fairness of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether the agreement was made in good faith and whether it contained the mandated minimum terms and conditions of employment.

The primary legal issues before the Commission involved assessing the procedural fairness of the agreement-making process and the substantive fairness of the agreement's terms. Procedural fairness required the Commission to consider whether the agreement was made in good faith and involved genuine bargaining. Substantive fairness involved examining whether the agreement contained the mandated minimum terms and conditions, including those relating to wages, conditions of employment, and other employment-related matters. The Commission also had to determine if any terms were unfair under the general protection provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement-making process was conducted in good faith and involved genuine bargaining. The Commission noted that both parties had engaged in discussions and negotiations, and that the agreement reflected the outcomes of these discussions. Regarding substantive fairness, the Commission found that the agreement contained the mandated minimum terms and conditions and did not include any unfair terms. The Commission concluded that the agreement was fair and reasonable, and approved the IMB Bank Enterprise Agreement 2018.

The Fair Work Commission's final order was the approval of the IMB Bank Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the Commission noted that it would be available for inspection at its offices. The decision provides clarity on the criteria for approving enterprise agreements and reinforces the importance of good faith bargaining and substantive fairness in the agreement-making process.

IMB Ltd T/A IMB Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established