Unity Bank Limited t/a Unity Bank

[2021] FWCA 4562

[2021] FWCA 4562

FAIR WORK COMMISSION

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

<AE512495  PR732234>

Annexure A