DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Members Equity Bank Limited T/A ME Bank
(AG2016/6197)

ME WORKPLACE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the ME Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ME Workplace Agreement 2016 (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 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Members Equity Bank Limited Trading as ME Bank was heard, with the dispute centering around the approval of the ME Workplace Agreement 2016. The applicant, ME Bank, sought to have the agreement approved under the Fair Work Act 2009. The agreement was intended to cover employees who were part of the Banking and Finance Industry Agreement 2018. The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act and if it was fair and reasonable for the employees it covered.

The court examined the agreement's provisions, including those related to wages, hours of work, and other employment conditions. The court needed to determine if the agreement provided for fair and reasonable terms and conditions, considering the principles of the Fair Work Act. Additionally, the court assessed if the agreement complied with the legislative requirements for the approval of enterprise agreements. The key focus was on whether the agreement provided for a fair and reasonable outcome for the employees and if it adhered to the legal standards set out in the Fair Work Act.

After reviewing the submissions and evidence from both parties, the court found that the ME Workplace Agreement 2016 met the necessary requirements for approval under the Fair Work Act. The agreement was deemed fair and reasonable for the employees it covered, and it complied with the legal standards for enterprise agreements. The court concluded that the agreement provided for appropriate terms and conditions, ensuring fairness for the employees. The court approved the agreement, allowing it to be implemented as per the terms outlined in the document.

The final orders of the court included the approval of the ME Workplace Agreement 2016, which would now be binding on the employees it covered. The agreement was set to come into effect from the date of the decision, and ME Bank was directed to take necessary steps to inform its employees of the approved agreement. The court's decision provided clarity and certainty for both the bank and its employees regarding the terms and conditions of their employment.

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