DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Financial Services Limited T/A BankVic
(AG2019/3637)

BANKVIC ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 24 OCTOBER 2019

Application for approval of the BankVic Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BankVic Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Police Financial Services Limited T/A BankVic. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Police Financial Services Limited, trading as BankVic, and a number of its employees represented by the Australian Banking and Finance Union. The employees sought approval of the BankVic Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, particularly with respect to the provisions that dealt with pay rates, conditions, and the process for resolving disputes. The Commission had to consider whether the agreement was procedurally and substantively fair.

The Commission found that the agreement met the procedural requirements, as it was negotiated in good faith and followed the relevant processes. Regarding substantive fairness, the Commission considered the evidence presented by both parties and determined that the agreement provided for fair and reasonable terms. The Commission highlighted that the agreement included provisions for pay rates and conditions that were comparable to those in similar agreements within the banking sector. Additionally, the process for resolving disputes was deemed to be fair and effective. Based on these findings, the Commission approved the BankVic Enterprise Agreement 2019.

The Fair Work Commission approved the BankVic Enterprise Agreement 2019, recognising its compliance with the Fair Work Act. The decision underscores the importance of good faith negotiations and the provision of fair and reasonable terms in enterprise agreements.

Police Financial Services Limited T/A BankVic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established