Maldon & District Financial Services Limited Summary

[2021] FWCA 6408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maldon & District Financial Services Limited
(AG2021/7791)

MALDON & DISTRICT FINANCIAL SERVICES LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2021

Application for approval of the Maldon & District Financial Services Limited Community Bank Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Maldon & District Financial Services Limited Community Bank Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maldon & District Financial Services Limited. 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. The undertakings are taken to be a term of 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 21 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2021. The nominal expiry date of the Agreement is 24 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maldon & District Financial Services Limited, a community bank, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application followed negotiations between the bank and its employees, represented by the Australian Services Union. The dispute centred on the terms and conditions of employment for the bank's staff, including wages, hours of work, and other employment-related matters. The Fair Work Commission, with its jurisdiction under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the legal standards for approval.

The primary legal issues the Commission considered were whether the agreement was genuinely negotiated, whether it complied with the statutory requirements for enterprise agreements, and whether it provided for a safety net of minimum entitlements. The Commission also examined whether the agreement contained any provisions that might be detrimental to the employees' rights or interests. Given the nature of the dispute, the Commission had to balance the rights and interests of both the employer and the employees, ensuring that the agreement was fair and reasonable.

In reaching its decision, the Commission found that the proposed agreement was genuinely negotiated and met all statutory requirements. The Commission noted that the agreement provided for a safety net of minimum entitlements and did not contain any provisions that were detrimental to the employees' rights or interests. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the bank and its employees. Consequently, the Commission approved the Maldon & District Financial Services Limited Community Bank Enterprise Agreement 2021, allowing it to come into effect as of the date of the approval.

Maldon & District Financial Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established