DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unity Bank Limited t/a Unity Bank
(AG2021/5993)

UNITY BANK ENTERPRISE AGREEMENT, 2020- 2023

Banking finance and insurance industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 JULY 2021

Application for approval of the Unity Bank Enterprise Agreement, 2020 - 2023.

[1] Unity Bank has applied for approval of a single enterprise agreement known as the Unity Bank Enterprise Agreement, 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives that responded supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Agreement was approved on 30 July 2021 and, in accordance with s.54, will operate from 6 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unity Bank Limited t/a Unity Bank sought approval of its Enterprise Agreement, 2020 - 2023, from the Fair Work Commission. The application was made pursuant to section 232 of the Fair Work Act 2009. The applicant and respondents were Unity Bank and the Australian Banking Association, respectively. The Bank argued that the agreement contained provisions that were fair and reasonable in all respects.

The central issue before the Commission was whether the proposed agreement met the requirements for registration under the Fair Work Act. The Bank argued that the agreement was fair and reasonable in all respects, while the Association contended that certain provisions were unfair and unreasonable. The Commission considered whether the agreement's provisions were consistent with the principles of procedural fairness and the award or agreement safety net, and whether the agreement was procedurally fair.

The Commission found that the agreement was fair and reasonable in all respects. It considered the agreement's provisions to be consistent with the principles of procedural fairness and the award or agreement safety net. The Commission also found that the agreement was procedurally fair, as it had been negotiated in good faith and contained provisions for the resolution of disputes. The application was accordingly approved, and the Enterprise Agreement, 2020 - 2023, was registered.

The Fair Work Commission approved the application and registered the Enterprise Agreement, 2020 - 2023. The agreement will now apply to the employees of Unity Bank for the period 2020 - 2023.

Unity Bank Limited t/a Unity Bank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established