DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rockingham Community Financial Services Ltd T/A Rockingham and Secret Harbour Community Bank Branches of the Bendigo Bank
(AG2017/4601)

ROCKINGHAM COMMUNITY FINANCIAL SERVICES AND THE FINANCE SECTOR UNION OF AUSTRALIA AGREEMENT 2017-2020

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Rockingham Community Financial Services and the Finance Sector Union of Australia Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Rockingham Community Financial Services and the Finance Sector Union of Australia Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rockingham Community Financial Services Ltd T/A Rockingham and Secret Harbour Community Bank Branches of the Bendigo Bank. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 12 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Rockingham Community Financial Services Ltd T/A Rockingham and Secret Harbour Community Bank Branches of the Bendigo Bank, seeking approval of an enterprise agreement with the Finance Sector Union of Australia. The application was heard by Deputy President G McDougall. The central dispute revolved around whether the agreement, which had been negotiated between the parties, met the criteria for approval under the Fair Work Act 2009. Specifically, the union argued that the agreement was fair and the bank argued that it was not.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the appropriate provisions for employee protections, and whether the agreement was consistent with the Fair Work Act. The Commission examined the negotiation process and the terms of the agreement to determine if they complied with the statutory requirements for an enterprise agreement. The Commission also considered the evidence presented by both parties regarding the fairness and reasonableness of the agreement.

The Fair Work Commission approved the agreement, finding that the process of negotiation had been conducted in good faith and that the agreement contained provisions that were consistent with the objectives of the Fair Work Act. The Commission found that the agreement provided appropriate protections for employees and that it was not inconsistent with any relevant national safety and health standards. The Commission also considered the evidence of the economic context in which the agreement was made, and found that the terms of the agreement were reasonable in those circumstances.

The Commission made an order approving the Rockingham Community Financial Services and the Finance Sector Union of Australia Agreement 2017-2020, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission. The Commission's decision was based on its finding that the agreement met the criteria for approval under the Fair Work Act, and that it was fair and reasonable in all the circumstances.

Rockingham Community Financial Services Ltd T/A Rockingham and Secret Harbour Community Bank Branches of the Bendigo Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established