Molonglo Financial Services Limited

[2013] FWCA 2402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Molonglo Financial Services Limited
(AG2013/883)

MOLONGLO FINANCIAL SERVICES LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
COMMISSIONER DEEGAN	CANBERRA, 18 APRIL 2013

Application for approval of the Molonglo Financial Services Limited Community Bank Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Molonglo Financial Services Limited Community Bank Enterprise Agreement 2012. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Molonglo Financial Services Limited. The agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2013. The nominal expiry date of the Agreement is 18 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Molonglo Financial Services Limited applied for approval of a proposed enterprise agreement. The application was made under section 232 of the Fair Work Act 2009. The proposed agreement was the Molonglo Financial Services Limited Community Bank Enterprise Agreement 2012. The dispute centred on whether the proposed agreement contained provisions that were contrary to the provisions of the Fair Work Act and the Fair Work Regulations 2009, specifically regarding the terms and conditions of employment for certain employees of the company.

The primary legal issue for the Commission to determine was whether the proposed agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. This included assessing whether the agreement provided for unfair dismissal protection and whether it contained provisions that were contrary to the public interest. The Commission also needed to consider whether the agreement had been fairly negotiated and whether it met the requirements for good faith bargaining.

The Commission found that the proposed agreement was compliant with the Fair Work Act and the Fair Work Regulations. The agreement provided for unfair dismissal protection and did not contain any provisions that were contrary to the public interest. The Commission was satisfied that the agreement had been fairly negotiated and met the requirements for good faith bargaining. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission approved the Molonglo Financial Services Limited Community Bank Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Fair Work Act and the Fair Work Regulations. The modifications related to the calculation of penalty rates and the inclusion of a clause allowing for the variation of the agreement by the employer. The Commission considered that these modifications were necessary to ensure that the agreement was fair and reasonable and did not unfairly disadvantage any party. The employer and the employees were given the opportunity to comment on the modifications before the final approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established