West Beach & Districts Community Financial Services Ltd t/as West Beach Community Bank

[2014] FWCA 6375

[2014] FWCA 6375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

West Beach & Districts Community Financial Services Ltd t/as West Beach Community Bank
(AG2014/7301)

WEST BEACH COMMUNITY BANK ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the West Beach Community Bank Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by West Beach & Districts Community Financial Services Ltd t/as West Beach Community Bank (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the West Beach Community Bank Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and six non-Union Employee Bargaining Representatives (EBRs) and is to cover 8 employees who are employed in clerical capacities, other than those working at a managerial level at the applicant’s community banking franchise in West Beach, Victoria. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 4 March 2014, and voting for the Agreement’s approval took place on 15 August 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 6 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 August 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms S Packer, Accountant, identified the Banking, Finance and Insurance Award 2010 [MA000019] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Packersaid that the Agreement does provide for one term that is less beneficial than under the Award, in that an employee will be paid a higher duties allowance where they work five, rather than four, consecutive days in a position higher than the one in which they are employed. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher base rates of pay, enhanced junior rates of pay and enhanced severance pay entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 24 and 23 respectively, and a disputes resolution procedure at clause 23 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 11 September 2014, Ms J Hodge appeared for the applicant, Mr R Lowrey for the Union. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Ms Hodge outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increase by 3% on 1 December 2014, 1 December 2015 and 1 December 2016. Mr Lowrey supported the submissions of Ms Hodge, but noted that, contrary to the Employer’s Declaration (Form F17) filed by the applicant, the date on which the employer initiated bargaining was 4 March 2014, rather than 1 April 2014. Ms Hodge confirmed that this was in error. An amendment was made by leave.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the West Beach Community Bank Enterprise Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 18 September 2014 and have a nominal expiry date of 18 September 2017.

DEPUTY PRESIDENT

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