Police Bank Limited Summary

[2013] FWCA 4550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Bank Limited
(AG2013/7024)

POLICE BANK ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
VICE PRESIDENT LAWLER	SYDNEY, 9 JULY 2013

Application for approval of the Police Bank Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Police Bank Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Police Bank 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 Financial Services 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Police Bank Limited for the approval of the Police Bank Enterprise Agreement 2013. The application arose from negotiations between Police Bank Limited and the Police Union, which represented the employees of the bank. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address included whether the agreement complied with the statutory requirements for enterprise agreements, such as the procedural fairness in the negotiation process and whether it contained the mandatory minimum terms and conditions prescribed by the Act. Additionally, the Commission examined if the agreement fairly reflected the balance of power between the parties and provided adequate protection for the employees' rights.

In considering these issues, the Fair Work Commission found that the negotiation process adhered to the necessary procedural fairness standards, and the agreement contained all the mandatory minimum terms. The Commission also determined that the agreement balanced the interests of both the employer and the employees adequately. Given these findings, the Commission concluded that the Police Bank Enterprise Agreement 2013 was fair and met all the statutory criteria for approval.

The Fair Work Commission approved the Police Bank Enterprise Agreement 2013, effective from the date of the decision. This approval signifies that the agreement will govern the employment conditions of the bank's employees until the next scheduled review or amendment, thereby resolving the application for approval.

Police Bank Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established