DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Gambier & District Financial Services Limited T/A Mount Gambier & District Community Bank
(AG2017/1268)

MOUNT GAMBIER & DISTRICT COMMUNITY BANK ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JULY 2017

Application for approval of the Mount Gambier & District Community Bank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mount Gambier & District Community Bank Enterprise 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 Mount Gambier & District Financial Services Limited T/A Mount Gambier & District Community 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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 was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 10 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for the approval of the Mount Gambier & District Community Bank Enterprise Agreement 2016. The applicant, Mount Gambier & District Financial Services Limited trading as Mount Gambier & District Community Bank, sought approval of the agreement from the Fair Work Commission. The applicant argued that the agreement should be approved as it represented a genuine bargain and met the statutory requirements for an enterprise agreement.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly negotiated, contained essential elements such as minimum wages and conditions, and adhered to procedural requirements, including the proper service of documents and the opportunity for employees to be represented. The court also had to assess if the agreement provided for proper dispute resolution mechanisms.

The court found that the agreement was fairly negotiated and contained all the necessary elements as per the Fair Work Act. It noted that the agreement had been properly served on the employees and that there was evidence of employee representation during the negotiation process. The court also considered that the dispute resolution mechanisms provided for in the agreement were appropriate and sufficient. Therefore, the court was satisfied that the agreement met all statutory requirements for approval.

The Fair Work Commission approved the Mount Gambier & District Community Bank Enterprise Agreement 2016, thereby resolving the applicant's application.

Mount Gambier & District Financial Services Limited T/A Mount Gambier & District Community Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established