Police & Nurses Limited T/A P&N Bank Summary

[2021] FWCA 6836

FAIR WORK COMMISSION

DECISION

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

Police & Nurses Limited T/A P&N Bank
(AG2021/8294)

PNL ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the PNL Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the PNL Enterprise Agreement 2021 (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 multi-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 2 December 2021. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Police & Nurses Limited Trading as P&N Bank, which sought approval of the PNL Enterprise Agreement 2021 from the Fair Work Commission. The Commission was required to consider the application under the Fair Work Act 2009. The dispute arose from negotiations between the bank and its employees represented by the Australian Services Union. The Union argued that certain terms of the proposed agreement were not fair and reasonable.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fair and reasonable, and if it met the criteria for approval under section 233 of the Fair Work Act. The Union raised concerns about various provisions, including those relating to pay rates, working conditions, and dispute resolution mechanisms. The Commission had to evaluate these concerns against the statutory criteria and principles of procedural fairness.

In its decision, the Commission thoroughly examined each of the contested provisions, considering the evidence presented by both parties. It found that while some aspects of the agreement required adjustments to meet the fairness and reasonableness criteria, the overall balance of the agreement was acceptable. The Commission made specific amendments to certain clauses to ensure compliance with the Act and principles of procedural fairness. Consequently, the Commission approved the enterprise agreement with these modifications.

The final orders of the Commission included the approval of the PNL Enterprise Agreement 2021, subject to the specified amendments. These amendments were aimed at ensuring that the agreement met the statutory requirements for fairness and reasonableness, as well as procedural fairness. The Union's objections were addressed to the extent necessary to achieve compliance with the Act.

Police & Nurses Limited T/A P&N Bank

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established