DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Teachers Mutual Bank Limited
(AG2018/3521)

TEACHERS MUTUAL BANK LIMITED ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2019

Application for approval of the Teachers Mutual Bank Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Teachers Mutual Bank Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teachers Mutual Bank Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Teachers Mutual Bank Limited applied for approval of the Teachers Mutual Bank Limited Enterprise Agreement 2018. The dispute arose from the negotiation of the enterprise agreement between the bank and its employees represented by the Finance Sector Union of Australia. The central issue for the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the provisions for minimum entitlements, procedural fairness, and good faith bargaining. The Commission had to consider whether the agreement was appropriately formed through genuine bargaining and whether it provided adequate protections for the employees.

The Commission examined the process through which the agreement was negotiated, including the evidence of good faith bargaining, and the extent to which the agreement's terms aligned with the provisions of the Fair Work Act. The bank argued that the agreement was the product of genuine negotiations and met all statutory requirements. The union contended that certain provisions of the agreement did not adequately protect employees' interests, particularly in relation to procedural fairness and minimum entitlements. The Commission assessed the evidence presented by both parties, focusing on whether the bargaining process was conducted in good faith and whether the agreement's terms were fair and reasonable.

After careful consideration, the Commission found that the agreement was appropriately negotiated in good faith and contained provisions that met the statutory requirements. The Commission noted that the agreement provided for procedural fairness and did not undermine minimum entitlements. Consequently, the Commission approved the Teachers Mutual Bank Limited Enterprise Agreement 2018. The decision was based on the evidence that the bargaining process was genuine and that the terms of the agreement were fair and reasonable. The Commission's approval of the agreement ensures that it will govern the employment conditions of the bank's employees as intended.

Teachers Mutual 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