| [2025] FWCA 154 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Police Financial Services Limited T/A BankVic
(AG2024/5010)
BANKVIC ENTERPRISE AGREEMENT 2024
| Banking finance and insurance industry | |
| COMMISSIONER SCHNEIDER | PERTH, 15 JANUARY 2025 |
Application for approval of the BankVic Enterprise Agreement 2024
Police Financial Services Limited T/A BankVic (the Applicant) has made an application for the approval of an enterprise agreement known as the BankVic Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Agreement lodged as part of the application for approval contained an error in clause 5.6.2, incorrectly cross-referencing another clause within the Agreement. The Applicant filed an amended version of the Agreement correcting the cross-reference error in clause 5.6.2. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Finance Sector Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 22 January 2028.
COMMISSIONER
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- AGLC
- Police Financial Services Limited T/A BankVic [2025] FWCA 154
- Case
- [2025] FWCA 154
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether the proposed agreement was genuinely negotiated and if it contained any provisions that were contrary to the Fair Work Act 2009. The court had to assess if the agreement was in compliance with all relevant legislative requirements, including the provisions concerning minimum entitlements, procedural fairness, and good faith bargaining. Additionally, the court needed to consider if the agreement provided a fair and efficient means of resolving workplace issues.
In delivering its decision, the Fair Work Commission found that the BankVic Enterprise Agreement 2024 was genuinely negotiated and did not contain any unlawful provisions. The Commission concluded that the agreement provided for fair and efficient mechanisms for resolving workplace issues and met all the statutory requirements for approval. The Commission highlighted that the agreement contained provisions that were consistent with the principles of the Fair Work Act and did not undermine the rights of employees. As a result, the application for approval of the agreement was successful.
The final orders of the Commission included the approval of the BankVic Enterprise Agreement 2024, which is now legally binding on both the employer and the employees. This decision ensures that the agreement will govern the employment terms and conditions of BankVic staff for the specified period, subject to the continued compliance with the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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