DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Beach & Districts Community Financial Services Ltd T/A West Beach & Districts Community Bank
(AG2018/2153)

WEST BEACH & DISTRICTS COMMUNITY BANK ENTERPRISE AGREEMENT 2017

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 2 NOVEMBER 2018

Application for approval of the West Beach & Districts Community Bank Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Beach & Districts Community Bank Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Beach & Districts Community Financial Services Ltd T/A West Beach & Districts Community 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 is approved and, in accordance with s.54 of the Act, will operate from 9 November 2018. The nominal expiry date of the Agreement is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, West Beach & Districts Community Financial Services Limited, trading as West Beach & Districts Community Bank, applied to the Fair Work Commission for the approval of the West Beach & Districts Community Bank Enterprise Agreement 2017. The dispute concerned the terms and conditions of employment for employees working for the bank, specifically those who were members of the relevant union. The matter was heard in the Fair Work Commission of Australia.

The central legal issues the court needed to decide involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement met the "better off overall test" and whether it contained all the mandatory terms prescribed by the Act. Additionally, the court had to consider whether the agreement was fairly negotiated and whether it provided for proper dispute resolution mechanisms.

In delivering the decision, the Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements under the Fair Work Act 2009. The commission determined that the agreement was fairly negotiated, contained all the mandatory terms, and satisfied the better off overall test. The commission also confirmed that the agreement included adequate dispute resolution processes. Consequently, the Fair Work Commission approved the West Beach & Districts Community Bank Enterprise Agreement 2017.

West Beach & Districts Community Financial Services Ltd T/A West Beach & Districts 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