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

Printed by authority of the Commonwealth Government Printer

Robe Community Financial Services Limited t/as Robe Community Bank (the Applicant) sought approval of the Robe Community Bank Enterprise Agreement 2015 (the Agreement) under section 234 of the Fair Work Act 2009 (the Act). The applicant's employees are represented by the Finance Sector Union of Australia (the Union). The Union opposed the application on the basis that the Agreement did not appropriately protect employees from casualisation, did not provide for adequate dispute resolution and did not appropriately recognise the role of the Union. The Fair Work Commission (the Commission) was required to determine whether the Agreement met the requirements of section 230 of the Act and, if it did, to approve it.

The Commission noted that the Agreement contained a broad definition of 'casual employee', which would not allow the applicant to convert permanent employees to casual employees without a valid reason. The Commission found that the Agreement's casualisation provisions met the requirements of section 230(3)(a) of the Act. The Commission noted that the Agreement contained a dispute resolution process, but did not include a requirement to refer unresolved disputes to the Commission. However, the Commission found that the Agreement's dispute resolution process met the requirements of section 230(3)(b) of the Act because it included an obligation on the applicant to meet with the Union to attempt to resolve disputes. The Commission noted that the Agreement contained a recognition clause, but it did not provide for the Union to be consulted on proposed changes to the Agreement. The Commission found that the Agreement's recognition provisions met the requirements of section 230(3)(c) of the Act because it provided for the Union to be consulted on changes to the Agreement that would adversely affect employees.

The Commission approved the Agreement and made orders to that effect. The Commission ordered that the Agreement be registered with the Commission and that it be binding on the applicant and the Union's members from the date of the decision.

Robe Community Financial Services Limited t/as Robe Community Bank

DECISION

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