Unity Bank Limited T/A Unity Bank

[2023] FWCA 2268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unity Bank Limited T/A Unity Bank

(AG2023/2207)

UNITY BANK ENTERPRISE AGREEMENT, 2023-2026

Banking finance and insurance industry
DEPUTY PRESIDENT EASTON	SYDNEY, 21 JULY 2023

Application for approval of the Unity Bank Enterprise Agreement, 2023-2026.

Unity Bank Limited T/A Unity Bank (the Employer) has made an application for the approval of the Unity Bank Enterprise Agreement, 2023-2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unity Bank Limited, trading as Unity Bank, applied to the Fair Work Commission for approval of the Unity Bank Enterprise Agreement, 2023-2026. The agreement was negotiated between the bank and the Finance Sector Union of Australia, aiming to regulate the employment terms of the bank's employees over the next three years. The application was contested by the union, which raised concerns about several provisions of the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the provisions on pay rates, working conditions, and the scope of managerial discretion. The union argued that certain clauses could adversely affect employee rights and working conditions. The bank contended that the agreement was necessary to ensure its continued competitiveness and operational efficiency.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement largely complied with the statutory requirements. While acknowledging the union's concerns, the Commission determined that the provisions in question were reasonable and necessary to maintain the bank's business viability. Consequently, the Commission approved the agreement, subject to minor amendments to address some of the union's concerns. The final order included the approved terms, which the bank and the union must adhere to for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established