Mandurah Community Financial Services Ltd

[2014] FWCA 912

[2014] FWCA 912

FAIR WORK COMMISSION

DECISION

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

Mandurah Community Financial Services Ltd
(AG2014/3436)

MANDURAH COMMUNITY FINANCIAL SERVICES ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 6 FEBRUARY 2014

Application for approval of the Mandurah Community Financial Services Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Mandurah Community Financial Services Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Mandurah Community Financial Services Enterprise Agreement 2013 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and one non-Union Employee Bargaining Representative, Ms J Kelly. The Agreement is to cover 7 employees who are employed at the applicant’s community banking franchise, commonly known as Bendigo Bank, in Mandurah, Western Australia.

[2] The employees were last notified of their representational rights on 10 May 2013,and voting for the Agreement’s approval took place on 7 January 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 7 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 20 January 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr I Ilsley, Certified Practising Accountant, 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’). Mr Ilsleysaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay, a more generous meal break entitlement, enhanced bereavement leave entitlements and a laundry allowance. Rates of pay are to be increased by 3.5% on 4 December 2013, 4 December 2014 and 4 December 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 25 provides for mediation and arbitration by independent third parties.

[4] At a hearing of the application on 30 January 2014, Mr N Herbert,appeared for the applicant and Mr R Lowrey for the Union. 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. Mr Herbert 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. He explained that the first increase under the Agreement was already being paid. Mr Lowrey supported the submissions of Mr Herbert.

[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 Mandurah Community Financial Services Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 6 February 2014 and have a nominal expiry date of 5 February 2018.

DEPUTY PRESIDENT

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