DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Members Equity Bank Limited T/A ME Bank
(AG2017/3681)

ME WORKPLACE AGREEMENT 2017

Banking finance and insurance industry
DEPUTY PRESIENT KOVACIC	CANBERRA, 5 JANUARY 2018

Application for approval of the ME Workplace Agreement 2017.

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Members Equity Bank Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Members Equity Bank Limited, trading as ME Bank, sought approval of the ME Workplace Agreement 2017. The application for approval was made under section 234 of the Fair Work Act 2009. The applicant argued that the agreement provided for a more efficient workplace and better outcomes for both the employer and employees. The Australian Council of Trade Unions, acting on behalf of certain employees, opposed the application. The primary legal issues that the Commission had to determine were whether the agreement provided for fair terms and conditions, and whether it complied with the requirements of the Fair Work Act.

The Commission considered the provisions of the agreement, the submissions of both parties, and relevant case law. It was noted that the agreement contained provisions for a range of employment conditions, including wages, hours of work, and leave entitlements. The Commission found that the agreement provided for fair terms and conditions, taking into account the need for a balance between the interests of the employer and employees. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement that it be in writing and signed by the parties.

The Commission approved the ME Workplace Agreement 2017, finding that it provided for fair terms and conditions and complied with the requirements of the Fair Work Act. The applicant was granted the orders it sought. The Commission noted that the agreement would provide for a more efficient workplace and better outcomes for both the employer and employees. The Commission also noted that the agreement provided for a mechanism for the resolution of disputes between the parties, which would assist in maintaining a harmonious workplace.

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