DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rupanyup/Minyip Finance Group Ltd T/A Rupanyup and Minyip Community Bank Branches
(AG2016/7141)

RUPANYUP/MINYIP FINANCE GROUP LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Rupanyup/Minyip Finance Group Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rupanyup/Minyip Finance Group Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rupanyup/Minyip Finance Group Ltd T/A Rupanyup and Minyip Community Bank Branches. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 16 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Rupanyup/Minyip Finance Group Ltd T/A Rupanyup and Minyip Community Bank Branches applied for the approval of the Rupanyup/Minyip Finance Group Limited Enterprise Agreement 2016. The applicants sought the Court's approval of the agreement, which was negotiated between the employer and the relevant union. The union represented the employees of the bank, who were part of the Finance Sector Union of Australia. The agreement sought to regulate the terms and conditions of employment for the employees covered by the agreement.

The court was required to determine whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement was made in good faith, whether it covered the relevant employees and employers, and whether it contained the necessary minimum terms and conditions of employment. The court also had to consider whether the agreement was fair and reasonable, having regard to the circumstances of the employees and employers.

The court found that the enterprise agreement met the statutory requirements and was fair and reasonable. The court accepted that the agreement was made in good faith, and that it covered all relevant employees and employers. The court also found that the agreement contained the necessary minimum terms and conditions of employment, and that it was fair and reasonable having regard to the circumstances of the employees and employers. The court approved the enterprise agreement and made an order accordingly.

The final orders of the court included the approval of the Rupanyup/Minyip Finance Group Limited Enterprise Agreement 2016 and the certification of the agreement by the Registrar of the Fair Work Commission. The court also ordered that the agreement would be registered with the Fair Work Commission and would be in effect from the date of the Court's approval. The court's decision was binding on all parties to the agreement, including the employer, the union, and the employees covered by the agreement.

Rupanyup/Minyip Finance Group Ltd T/A Rupanyup and Minyip Community Bank Branches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established