IMB Ltd t/as IMB Bank

[2015] FWCA 7260

[2015] FWCA 7260

The attached document replaces the document previously issued with the above code on 23 October 2015.

A typographical error in the title of the enterprise agreement has been amended.

Sean Howe

Associate to Deputy President Sams

Dated 28 October 2015

[2015] FWCA 7260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

IMB Ltd t/as IMB Bank
(AG2015/5206)

IMB ENTERPRISE AGREEMENT 201542

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 23 OCTOBER 2015

Application for approval of the IMB Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by IMB Ltd t/as IMB Bank (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the IMB Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Branch of the Australian Services Union (the ‘Union’) and is to cover 285 employees who are employed in branches, call centres and administration areas and in administration roles in financial planning. It does not cover employees from IMB Level 6. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 4 June 2015 and voting for the Agreement’s approval took place between 24 September and 1 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 158 of the 219 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 7 October 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms W Fellowes identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Fellowessaid that the Agreement does provide for some terms that are less beneficial than those under the Award, including reduced penalty rates for some employees for work performed on Saturdays and a provision for the employer to direct employees to take annual leave in certain circumstances. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher rates of pay, a 37.5 hour week and enhanced severance and redundancy entitlements. It was also said that the ability to cash out annual leave in certain circumstances constituted another benefit. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 22 and 11 respectively, and a disputes resolution procedure at clause 12 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 20 October 2015, Ms W Fellowes and Mr D Lonsdale appeared for the applicant and Mr R Oppitz for the Union. Ms Fellowes outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that salaries are to be increased by $1,400 on date of the Agreement’s approval, by $1,450 on 1 September 2016 and by $1,500 on 1 September 2017. Mr Oppitz supported the submissions of Ms Fellowes. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the IMB Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 27 October 2015 and have a nominal expiry date of 31 August 2018.

DEPUTY PRESIDENT

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