Police Bank Ltd

[2020] FWCA 746

[2020] FWCA 746

FAIR WORK COMMISSION

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.

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