DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Bank Limited T/A Police Bank
(AG2016/4795)

POLICE BANK ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Police Bank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Police Bank 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 Police Bank Limited T/A Police Bank. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Police Bank Limited T/A Police Bank sought approval for the Police Bank Enterprise Agreement 2016. The application was brought before the Fair Work Commission, where the central issue was whether the agreement complied with the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently provided for minimum entitlements, including the national minimum wage, leave provisions, and other conditions stipulated by the Act.

The Fair Work Commission examined the agreement to ensure it met the statutory requirements and did not unfairly disadvantage employees. The primary legal questions were whether the agreement was made in good faith, and if it provided for terms and conditions that were not less favourable than the applicable modern awards or the national system. The Commission also assessed whether the agreement allowed for proper consultation and if it contained sufficient mechanisms for resolving disputes.

In its decision, the Commission found that the Police Bank Enterprise Agreement 2016 did comply with the relevant legislative requirements. It determined that the agreement was made in good faith, provided for terms and conditions that met or exceeded the national minimum standards, and included adequate provisions for consultation and dispute resolution. The Commission was satisfied that the agreement was fair and reasonable for all parties involved.

Consequently, the Fair Work Commission approved the Police Bank Enterprise Agreement 2016, enabling it to be registered and enforced as a binding enterprise agreement under the Fair Work Act.

Police Bank Limited T/A Police Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established