DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Molonglo Financial Services Limited
(AG2021/5757)

MOLONGLO FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 JULY 2021

Application for approval of the Molonglo Financial Services Limited Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Molonglo Financial Services Limited Enterprise 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 Molonglo Financial Services Limited. 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] I observe that the provisions at clauses 7.8, 9.3 and 23.15 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 29 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 18 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Molonglo Financial Services Limited is before the Fair Work Commission, which is reviewing an application for the approval of the Molonglo Financial Services Limited Enterprise Agreement 2021. The dispute revolves around whether the agreement meets the legal requirements for approval under the Fair Work Act 2009. The application was made by Molonglo Financial Services Limited, the employer, and it concerns the terms and conditions of employment for its employees.

The primary legal issues the court was required to address were whether the agreement was genuinely negotiated and if it contained all the mandated minimum terms and conditions. The court also had to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant sections of the Fair Work Act. Furthermore, the court had to consider the extent to which the agreement facilitated the efficient operation of the enterprise.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. It also concluded that the agreement was in the best interests of the employees and met the statutory requirements of the Fair Work Act. The court emphasised the importance of ensuring that employees' rights and protections were adequately safeguarded within the agreement. Based on these findings, the court approved the enterprise agreement, allowing it to come into effect from the specified date.

Molonglo Financial Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established