Palerang Financial Services Limited

[2013] FWCA 1924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Palerang Financial Services Limited
(AG2013/693)

PALERANG FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 28 MARCH 2013

Application for approval of the Palerang Financial Services Limited Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Palerang Financial Services Limited Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Palerang 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 4 April 2013. The nominal expiry date of the Agreement is 3 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Palerang Financial Services Limited, sought approval for the Palerang Financial Services Limited Enterprise Agreement 2012. The applicant is a financial services provider that operates in the Southern Tablelands of New South Wales. The dispute concerns the terms and conditions of employment for the applicant’s staff, specifically those who are part of the Finance Officers Award 2010.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the safety net provisions of the Act, and whether it was procedurally sound, including whether proper consultation had occurred. The Commission also considered whether the agreement adequately protected the interests of employees and whether it contained appropriate dispute resolution mechanisms.

The Commission found that the agreement met the statutory requirements for approval. The terms and conditions were deemed fair and reasonable, with appropriate safety net protections in place. The applicant had demonstrated compliance with the procedural requirements, including providing the necessary information to the Commission. The Commission noted that the agreement included provisions for dispute resolution, which were considered adequate for the purposes of the Act. The interests of employees were adequately protected, and the agreement did not include any terms that were contrary to public policy.

The Fair Work Commission approved the Palerang Financial Services Limited Enterprise Agreement 2012. The approval was granted on the basis that the agreement met all the necessary statutory requirements and provided for fair and reasonable terms and conditions of employment. The agreement was found to be procedurally sound, and the interests of both the applicant and the employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established