DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Members Equity Bank Limited T/A ME Bank
(AG2021/5900)

ME WORKPLACE AGREEMENT 2021

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 20 JULY 2021

Application for approval of the ME Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ME Workplace 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 Members Equity Bank Limited T/A ME 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. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 20 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Members Equity Bank Limited, trading as ME Bank, applied for approval of the ME Workplace Agreement 2021. The dispute centred around the terms and conditions of employment for ME Bank employees, specifically the application of the agreement as a replacement for existing enterprise agreements. The commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the commission were whether the ME Workplace Agreement 2021 complied with the requirements for an enterprise agreement, including whether it was made in good faith and whether it was fit for purpose. The commission had to consider whether the agreement provided for minimum terms and conditions, and if it allowed for a fair and efficient bargaining process. Additionally, the commission examined if the agreement adequately addressed the needs of both the employer and the employees.

The commission found that the ME Workplace Agreement 2021 did not meet the statutory criteria for an enterprise agreement. It concluded that the agreement was not made in good faith as it was imposed by the employer without adequate consultation and negotiation. The commission also determined that the agreement did not provide for the minimum terms and conditions required by law, and it was not fit for purpose as it failed to establish a fair and efficient framework for ongoing negotiations. Consequently, the commission rejected the application for approval of the agreement.

As a result of the commission's decision, the ME Workplace Agreement 2021 was not approved, and existing enterprise agreements remained in effect. The commission's ruling emphasised the importance of good faith bargaining and the necessity for enterprise agreements to meet the statutory requirements for approval. The decision underscores the need for employers to engage in meaningful negotiations with their employees to ensure compliance with the Fair Work Act 2009.

Members Equity Bank Limited T/A ME Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established