Promontory District Finance Group Limited T/A Toora Community Bank Branch of Bendigo Bank

[2014] FWCA 5717

[2014] FWCA 5717

FAIR WORK COMMISSION

DECISION

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

Promontory District Finance Group Limited T/A Toora Community Bank Branch of Bendigo Bank
(AG2014/7092)

PROMONTORY DISTRICT FINANCE GROUP LIMITED COMMUNITY BANK ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 AUGUST 2014

Application for approval of the Promontory District Finance Group Limited Community Bank Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Promontory District Finance Group Limited t/as Toora Community Bank Branch of Bendigo Bank (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Promontory District Finance Group Limited Community Bank Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with Ms A Palmer, a non-Union Employee Bargaining Representative and is to cover 7 employees who are engaged in clerical roles at the applicant’s community banking franchise in Toora, Victoria. It does not cover employees employed at a managerial level. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 28 November 2013, and voting for the Agreement’s approval took place on 30 July 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 7 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 12 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr L Vale identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Valesaid that the Agreement does provide for one term that is less beneficial than that under the Award, in that an entitlement to higher duties allowance is reduced. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher rates of pay, an enhanced entitlement to meal breaks and more generous severance entitlements. Increases to rates of pay are based on the performance of the Company and the performance of individual employees. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 25 provides for mediation and arbitration by an agreed independent third party.

[4] At a hearing of the application on 20 August 2014, Ms A Bennallack appeared for the applicant and Ms A Palmer appeared in her capacity as an Employee Bargaining Representative. Ms Bennallack outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms Bennallack indicated that the employees had previously been covered by collective agreements. Ms Palmer supported the submissions of Ms Bennallack and said that the employees were happy with the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Promontory District Finance Group Limited Community Bank Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 27 August 2014 and have a nominal expiry date of 26 August 2018.

DEPUTY PRESIDENT

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