DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Bank Ltd
(AG2019/4115)

POLICE BANK ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 FEBRUARY 2020

Application for approval of the Police Bank Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Police Bank Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Police Bank Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer issued two Notices of Employee Representational Rights (Notices) to existing and transferring employees. Two issues were identified with the Notices. Firstly, the Notices did not contain the correct title of the Agreement. Instead, the Notices specified the name of the collective enterprise agreement applicable to relevant employees at that time. Secondly, the Notices name the Finance Sector Union of Australia (FSU) as a potential default bargaining representative.

[3] Having regard to the submissions advanced by the Employer and the circumstances of this matter (including the involvement of different bargaining representatives), I accept that the errors did not affect employees’ understanding of their representational rights in respect of the Agreement. I am satisfied that the errors: 1

(a) constitute minor procedural or technical errors for the purposes of s.188(2)(a); and
(b) employees covered by the Agreement were not likely to have been disadvantaged by these errors.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] 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.

[6] I observe that clause 19.1.1 of the Agreement, which states that employees must notify their manager of any absence due to illness or injury as soon as practicable, but within one hour of the commencement of their absence, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings, 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 undertakings are taken to be terms of the Agreement.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Police Bank Ltd applied for approval of the Police Bank Enterprise Agreement 2019. The dispute arose from the bank's desire to formalise terms and conditions for its employees under a new enterprise agreement. The issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The bank argued that the agreement was in the best interests of its employees, while the union representing the employees contended that certain provisions did not adequately protect employee rights.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the mandatory provisions of the Fair Work Act. A significant aspect of the decision was the analysis of whether the agreement appropriately balanced the interests of the bank and its employees, particularly in light of the unique nature of the Police Bank's operations. The Commission also examined the process by which the agreement was negotiated and whether it was done in good faith.

After reviewing the evidence and submissions, the Commission found that the agreement was fair and reasonable, and it approved the Police Bank Enterprise Agreement 2019. The Commission determined that the agreement appropriately balanced the interests of both parties and complied with all statutory requirements. The Commission also noted the good faith negotiation process and the measures in place to address any potential issues that may arise during the term of the agreement. The approval of the agreement ensures that the terms and conditions of employment for Police Bank employees are legally recognised and enforceable.

Police Bank Ltd

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established