Police Bank Limited

[2022] FWCA 3833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Police Bank Limited

(AG2022/4448)

Police Bank Ltd Enterprise Agreement 2022-2025

Banking finance and insurance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 NOVEMBER 2022

Application for approval of the Police Bank Ltd Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Police Bank Ltd Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Police Bank Limited (Employer). The Agreement is a single enterprise agreement.

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.

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 Finance Sector Union of Australia, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Police Bank Limited, sought the Fair Work Commission's approval of the Police Bank Ltd Enterprise Agreement 2022-2025. The dispute involved the terms and conditions of employment for the bank's staff, as set out in the proposed agreement. The matter was heard by the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The central legal issues addressed by the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for approval under the relevant legislation. Specifically, the Commission had to determine whether the agreement appropriately covered the employees, provided for fair and reasonable terms and conditions, and adhered to the procedural requirements set out in the Act. The Commission also considered whether the agreement would achieve a fair and efficient workplace and if it contained any provisions that might be contrary to public policy.

In its decision, the Fair Work Commission determined that the proposed agreement was consistent with the Fair Work Act and met the necessary criteria for approval. The Commission found that the agreement was appropriately structured to cover the intended employees, provided fair and reasonable terms and conditions of employment, and complied with the procedural requirements. The Commission also concluded that the agreement would result in an efficient workplace and did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the Police Bank Ltd Enterprise Agreement 2022-2025.

The Fair Work Commission approved the Police Bank Ltd Enterprise Agreement 2022-2025, effective from 1 July 2022. The agreement will now govern the terms and conditions of employment for the bank's staff for the next three years, until 30 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established