DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lancefield & Romsey Community Financial Services Limited T/A Lancefield & Romsey Community Bank
(AG2018/5583)

LANCEFIELD & ROMSEY COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 25 MARCH 2019

Application for approval of the Lancefield & Romsey Community Financial Services Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lancefield & Romsey Community Financial Services Limited 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 Lancefield & Romsey Community Financial Services Limited T/A Lancefield & Romsey Community 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 24 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Lancefield & Romsey Community Financial Services Limited Enterprise Agreement 2018. The applicant, Lancefield & Romsey Community Financial Services Limited, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary standards for approval, including whether it contained all the minimum entitlements required by the Act and whether it was free from any unfair provisions. The respondents to the application included the Community and Public Sector Union, which represented some of the employees of the applicant.

The primary legal issues addressed by the Commission were whether the agreement contained all the required minimum entitlements, whether any provisions were unfair, and whether the agreement was otherwise compliant with the relevant sections of the Fair Work Act. The Commission also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes and the payment of wages and other entitlements. The applicant argued that the agreement was fair and met all legal requirements, while the respondents contended that certain provisions were inadequate and unfair.

In its decision, the Commission found that the agreement generally met the minimum standards set out in the Fair Work Act. The Commission noted that while some minor issues were identified, these did not significantly detract from the overall fairness of the agreement. The Commission emphasised the importance of the agreement's provisions for dispute resolution and the payment of entitlements, finding that these elements were appropriately addressed. Consequently, the Commission approved the agreement, subject to the minor conditions imposed to address the identified issues.

The Fair Work Commission approved the Lancefield & Romsey Community Financial Services Limited Enterprise Agreement 2018, subject to the minor conditions imposed to address the identified issues. The conditions required specific amendments to be made to the agreement to ensure compliance with the Fair Work Act. These amendments included clarifications and modifications to certain provisions to address the concerns raised by the respondents. The approval was effective from the date of the decision, and the parties were directed to implement the required changes within the specified timeframe.

Lancefield & Romsey Community Financial Services Limited T/A Lancefield & Romsey 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