DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MyState Limited T/A MyState Bank
(AG2021/5768)

MYS ENTERPRISE AGREEMENT 2021-2024

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2021

Application for approval of the MYS Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the MYS Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MyState Limited T/A MyState Bank. 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] The Australian Municipal, Administrative, Clerical and Services Union and the Finance Sector Union of Australia being bargaining representatives for the Agreement, have each 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 organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 11.2(b) – Notice of Termination by Employee.

• Clause 19.7 – Annual Leave.

However, noting the written undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The agreement lodged with the application was a version of the Agreement which was changed after the Agreement was made. On 1 July 2021, the Applicant amended its application and provided the Agreement that employees voted on pursuant to s.182 of the Act (without any changes). I am satisfied that the amendment should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 25 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MyState Limited, trading as MyState Bank, sought approval of the MYS Enterprise Agreement 2021-2024. The application was brought before the Fair Work Commission to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The application involved multiple stakeholders, including the bank and various employee unions, who had negotiated the terms of the agreement. The central dispute centred on whether the agreement contained provisions that complied with the statutory requirements for enterprise agreements and whether the agreement was made in good faith and without coercion.

The court was required to examine several key legal issues, including whether the agreement satisfied the 'better off overall test', which requires that the terms of the agreement must not be worse for employees than the applicable award or previous enterprise agreement. Additionally, the court needed to assess whether the agreement was made in good faith and without undue influence or coercion. The court also considered whether the agreement provided adequate protections for employees' rights and entitlements, in line with the overarching principles of the Fair Work Act.

The Fair Work Commission, after thorough deliberation, found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement was made in good faith and did not disadvantage employees. It was determined that the terms of the agreement were not worse than the applicable award or previous enterprise agreement, thereby satisfying the better off overall test. Furthermore, the Commission was satisfied that the agreement provided sufficient protections for employees and adhered to the principles outlined in the Fair Work Act.

The Commission approved the MYS Enterprise Agreement 2021-2024, allowing it to take effect from the specified commencement date. This decision provided clarity for both MyState Bank and the employee unions, ensuring that the agreement would govern the employment terms for the specified period. The approval of the agreement was subject to its implementation in accordance with the terms outlined and the ongoing obligations of both parties under the Fair Work Act.

MyState Limited T/A MyState Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established