DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neerim District Financial Services Limited T/A Neerim District Community Bank Branch
(AG2016/1179)

NEERIM DISTRICT FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Neerim District Financial Services Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Neerim District Financial Services Limited 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 Neerim District Financial Services Limited t/a Neerim District Community Bank Branch. 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 Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Neerim District Financial Services Limited, trading as the Neerim District Community Bank Branch, which sought approval of its 2016 Enterprise Agreement. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards, including whether it complied with the Fair Work Act 2009 and whether it provided adequate protections for employees. The key issues were whether the agreement appropriately balanced the interests of the employer and employees, and if it included provisions that were contrary to public policy or unfair.

The Commission examined the agreement clause by clause, ensuring it did not include any terms that were overly harsh, inflexible, or otherwise contrary to the principles of the Fair Work Act. It also considered whether the agreement provided fair and reasonable terms for employees, taking into account their rights and protections under the law. The Commission assessed whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it was a "direct replacement" of a previous agreement or an "improvement" to existing terms and conditions.

Ultimately, the Fair Work Commission found that the proposed enterprise agreement met the necessary legal standards and provided fair and reasonable terms for employees. The Commission noted that the agreement balanced the interests of the employer and employees appropriately and did not include any terms that were contrary to public policy or unfair. The Commission approved the Neerim District Financial Services Limited Enterprise Agreement 2016, allowing it to come into effect on the specified commencement date. This decision provided clarity for both the employer and employees, ensuring that the agreement was legally compliant and protected the rights of all parties involved.

Neerim District Financial Services Limited T/A Neerim District Community Bank Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established