Robe Community Financial Services Limited t/as Robe Community Bank

[2015] FWCA 6965

[2015] FWCA 6965

FAIR WORK COMMISSION

DECISION

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

Robe Community Financial Services Limited t/as Robe Community Bank
(AG2015/5128)

ROBE COMMUNITY BANK ENTERPRISE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 13 OCTOBER 2015

Application for approval of the Robe Community Bank Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Robe Community Financial Services Limited t/as Robe Community Bank (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as Robe Community Bank Enterprise Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with four nominated Employee Bargaining Representatives and is to cover four employees who are employed in clerical roles at the applicant’s community banking franchise in Robe, South Australia. 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 1 April 2015 and voting for the Agreement’s approval took place on 14 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the Agreement’s approval, all four of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 29 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms A Matthews 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’). Ms Matthewssaid that the Agreement provides for one term that is less beneficial than under the reference instrument in that Higher Duties Allowance is only paid where an employee acts in the higher position for five or more consecutive days. However, the Agreement provides for higher rates of pay, payment of a percentage of unused personal leave on termination of employment, four weeks paid parental leave and more generous severance entitlements. 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 independent third parties.

[4] At a hearing of the application on 7 October 2015, Ms J Hodge appeared for the applicant. Ms Hodge 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. She explained that increases to rates of pay are based on the performance of the Company and the performance of individual employees, although she noted it was common practice for franchisees of the Bendigo and Adelaide Bank to apply wage increases provided to the Bank’s own employees.

[5] Having heard the applicant’s 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 Robe Community Bank Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 14 October 2015 and have a nominal expiry date of 13 October 2019.

DEPUTY PRESIDENT

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