DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandurah Community Financial Services Ltd T/A Halls Head Community Bank Branch Bendigo Bank
(AG2017/3554)

MANDURAH COMMUNITY FINANCIAL SERVICES LTD ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Mandurah Community Financial Services Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mandurah Community Financial Services Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mandurah Community Financial Services Ltd T/A Halls Head Community Bank Branch Bendigo Bank. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Finance Sector Union of Australia 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.

[6] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Mandurah Community Financial Services Ltd T/A Halls Head Community Bank Branch Bendigo Bank, the Fair Work Commission was called upon to determine the approval of the Enterprise Agreement 2017. The application for approval was brought by the employer, seeking to have the agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legislative requirements, particularly in relation to the coverage of employees and the provisions outlined within the agreement.

The primary legal issue before the Commission was whether the Enterprise Agreement 2017 was valid and met all statutory requirements. Specifically, the Commission needed to assess if the agreement was made in good faith, was free from coercion, and provided adequate protections and benefits for the employees. The Commission also had to ensure that the agreement did not adversely affect the employees' rights and entitlements under the National Employment Standards and other applicable laws.

In delivering its decision, the Commission examined the provisions of the agreement and the context in which it was negotiated. The Commission noted that the agreement had been made in good faith and did not contain any provisions that would cause detriment to the employees. Furthermore, the Commission found that the agreement was comprehensive and covered all relevant aspects required by the Act, including the classification of employees and their entitlements. The Commission concluded that the Enterprise Agreement 2017 was valid and should be approved, as it met all the necessary statutory requirements and provided fair terms and conditions for the employees.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2017, thereby allowing it to be registered and enforceable under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment conditions for the relevant employees, providing them with the protections and benefits outlined within the agreement.

Mandurah Community Financial Services Ltd T/A Halls Head Community Bank Branch Bendigo Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established