DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unity Bank Limited T/A Unity Bank
(AG2018/6183)

UNITY BANK ENTERPRISE AGREEMENT, 2018-2020

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 APRIL 2019

Application for approval of the Unity Bank Enterprise Agreement, 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Unity Bank Enterprise Agreement, 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unity Bank Limited T/A Unity Bank. 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] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unity Bank Limited T/A Unity Bank sought approval of an enterprise agreement from the Fair Work Commission. The agreement was to govern the employment of certain staff for the period 2018-2020. The application was met with objections from the Australian Banking Association, the Banking, Finance and Insurance Employees Union, and the Australian Finance Industry Association. The primary dispute centred on the terms and conditions outlined within the proposed agreement, with objections raised regarding specific provisions concerning pay rates, leave entitlements, and other employment conditions. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the proposed agreement contained provisions that were contrary to the "better off overall test" (BOOT) and whether the agreement had been fairly negotiated. The Commission also considered the fairness of the agreement in light of the relevant industry benchmarks and the need for a balanced approach that took into account the interests of both employees and employers. The objections raised by the respondents were assessed to determine whether they had merit and whether the proposed agreement should be approved, modified, or rejected.

The Fair Work Commission determined that the proposed agreement did meet the necessary standards and requirements under the Fair Work Act 2009. The Commission found that the agreement had been fairly negotiated and contained provisions that were in line with industry benchmarks. The Commission also found that the proposed agreement passed the better off overall test, as it provided employees with improved conditions and benefits without imposing an unreasonable burden on the employer. As a result, the Commission approved the Unity Bank Enterprise Agreement 2018-2020, subject to the terms and conditions set out in the decision.

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