DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trafalgar & District Financial Services Limited T/A Trafalgar & District Community Bank
(AG2016/4162)

TRAFALGAR & DISTRICT FINANCIAL SERVICES LTD ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Trafalgar & District Financial Services Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Trafalgar & District Financial Services Ltd 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 Trafalgar & District Financial Services Limited T/A Trafalgar & District Community Bank. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 27 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Trafalgar & District Financial Services Limited, trading as Trafalgar & District Community Bank, and its employees. The dispute centred around the approval of the Trafalgar & District Financial Services Ltd Enterprise Agreement 2016. The bank sought to have the agreement approved, which the employees contested on various grounds. The Fair Work Commission was tasked with determining whether the agreement met the necessary statutory criteria for approval.

The primary legal issues that the Commission had to address were whether the agreement had been made in accordance with the relevant legislative provisions and whether it contained the necessary minimum entitlements for the employees. Key points of contention included the process by which the agreement was negotiated, whether it provided adequate terms and conditions, and if it complied with the provisions of the Fair Work Act 2009.

In examining these issues, the Commission found that the agreement had been negotiated in good faith and that it contained all the required minimum entitlements as stipulated by the Fair Work Act. The Commission also noted that the process by which the agreement was reached was transparent and involved proper consultation with the employees. Based on these findings, the Commission determined that the agreement met the criteria for approval under the Act. Consequently, the application for the approval of the enterprise agreement was successful.

The Fair Work Commission approved the Trafalgar & District Financial Services Ltd Enterprise Agreement 2016. This decision confirmed that the agreement would serve as the basis for the terms and conditions of employment for the employees of the bank, provided it was registered with the Fair Work Commission.

Trafalgar & District Financial Services Limited T/A Trafalgar & District Community Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established