DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Bank Limited
(AG2016/6530)

RURAL BANK ENTERPRISE AGREEMENT 2016 - 2019

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2017

Application for approval of the Rural Bank Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Rural Bank Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rural Bank Limited. 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] The Finance Sector Union 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.

[5] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 27 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rural Bank Limited recently faced an application for approval of the Rural Bank Enterprise Agreement 2016-2019 before the Fair Work Commission. The application was brought by Rural Bank Limited, which sought to have the proposed enterprise agreement approved under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment within the bank, with a focus on whether the agreement met the legal standards for approval.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly in terms of the procedural fairness and the substantive fairness of the agreement. The court needed to determine whether the agreement had been made in accordance with the prescribed procedures and whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Fair Work Commission found that the proposed enterprise agreement was procedurally valid, as it had been made following the appropriate procedures outlined in the Fair Work Act. In terms of substantive fairness, the court considered the terms and conditions of employment within the agreement. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for the resolution of workplace disputes and the protection of employees' rights. Based on these findings, the court approved the Rural Bank Enterprise Agreement 2016-2019.

Rural Bank Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established