DECISION

Fair Work Act 2009 s.185—Enterprise agreement

Police Financial Services Limited T/A BankVic
(AG2016/2909)

POLICE FINANCIAL SERVICES LIMITED TRADING AS (BANKVIC) (PFSL)/ FINANCE SECTOR UNION ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Police Financial Services Limited trading as (BankVic) (PFSL)/ Finance Sector Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Police Financial Services Limited trading as (BankVic) (PFSL)/ Finance Sector Union 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 Financial Services Limited T/A BankVic. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 15 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Police Financial Services Limited, trading as BankVic, which sought approval of the Finance Sector Union Enterprise Agreement 2016. The application was made before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the criteria for approval. The Finance Sector Union, representing the employees, also participated in the proceedings, raising concerns about certain clauses in the agreement.

The legal issues before the court were whether the enterprise agreement appropriately covered the bargaining unit, if the agreement contained mandatory terms as required by the Act, and if the agreement was made in good faith and without coercion. The court had to examine the negotiation process, the content of the agreement, and whether it provided for minimum entitlements as stipulated by the Act. The union argued that certain terms of the agreement did not meet these requirements, while the employer contended that the agreement was fair and complied with all necessary provisions.

The court found that the enterprise agreement was appropriately negotiated and did not contain any terms that were contrary to the Fair Work Act 2009. The court confirmed that the agreement covered the entire bargaining unit and contained all the mandatory terms. It also found that the agreement was made in good faith and did not involve any element of coercion. Consequently, the court approved the Finance Sector Union Enterprise Agreement 2016.

The final order was that the Finance Sector Union Enterprise Agreement 2016, as proposed by Police Financial Services Limited trading as BankVic, was approved and would be registered with the Fair Work Commission. This approval ensures that the terms of the agreement are legally binding on both the employer and the employees, and it provides a framework for resolving any future disputes under the agreement.

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