DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Police & Nurses Limited T/A P&N Bank
(AG2017/6236)

P&N BANK ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the P&N Bank Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the P&N Bank Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Police & Nurses Limited T/A P&N Bank. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the P&N Bank Enterprise Agreement 2017 was heard in the Fair Work Commission, with the applicant being Police & Nurses Limited, trading as P&N Bank, and the respondents being the Australian Banking Association and two unions, the Australian Finance Industry Union and the Australian Workers Union. The dispute centred around the proposed changes to the terms and conditions of employment of P&N Bank employees as outlined in the Enterprise Agreement.

The legal issues that the court needed to decide involved whether the proposed agreement was in the best interests of the employees, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislation, including the Fair Work Act 2009. The court also needed to consider the fairness and reasonableness of the proposed changes to the employees' terms and conditions of employment, including changes to pay rates, hours of work, and leave entitlements.

In its decision, the Fair Work Commission found that the proposed Enterprise Agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The Commission noted that the proposed agreement provided for a range of benefits for employees, including pay increases, improved leave entitlements, and enhanced job security. The Commission also found that the proposed changes to the employees' terms and conditions of employment were fair and reasonable, and that the agreement complied with the relevant legislation. The Commission approved the P&N Bank Enterprise Agreement 2017, subject to certain modifications to address minor concerns about the agreement's compliance with the Fair Work Act.

Police & Nurses Limited T/A P&N Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established