Western Riverina Community Financial Services Pty Ltd Summary

[2014] FWCA 4589

FAIR WORK COMMISSION

DECISION

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

Western Riverina Community Financial Services Pty Ltd
(AG2014/1499)

WESTERN RIVERINA COMMUNITY FINANCIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 10 JULY 2014

Application for approval of the Western Riverina Community Financial Services Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Western Riverina Community Financial Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Western Riverina Community Financial Services Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with two Employee Bargaining Representatives and is to cover 12 employees who are employed in clerical roles at the applicant’s community banking franchises, commonly known as Bendigo and Adelaide Bank, at Coleambally and Hillston, New South Wales. 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 15 April 2014, and voting for the Agreement’s approval took place on 13 June 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 12 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 23 June 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr A. J. Howe, Chairman, 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’). Mr Howesaid that the Agreement does provide for one term that is less beneficial than that under the Modern Award, in that employees will be paid for higher duties only where they work in the higher position for five, rather than four, or more consecutive days. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the Modern Award, including higher rates of pay, more generous junior rates of pay, enhanced severance pay entitlements and a laundry allowance. 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 25 provides for mediation and arbitration by an independent third party.

[4] At a hearing of the application on 8 July 2014, Ms J Cakebread of Bendigo and Adelaide Bankappeared for the applicant and Mr C Noack and Mr P Lenon appeared in their respective capacities as Employee Bargaining Representatives. Ms Cakebread 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. Ms Cakebread explained that the Agreement was largely similar to a number of enterprise agreements recently approved by the Commission in relation to franchises of the Bendigo and Adelaide Bank, though the laundry allowance under this Agreement was higher. She also said that the two franchises at Hillston and Coleambally had recently merged under a new entity and that this was the first enterprise agreement negotiated by this entity. Mr Noack and Mr Lenon both indicated that they were happy with the Agreement.

[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 Western Riverina Community Financial Services Pty Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 15 July 2014 and have a nominal expiry date of 14 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Western Riverina Community Financial Services Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2014. The application was lodged in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues at hand involved whether the agreement complied with the requirements for authorisation and whether it contained all the mandated terms and conditions.

The Fair Work Commission was required to consider whether the agreement was appropriately certified, whether it contained all the mandated terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission needed to assess whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement for the agreement to promote simplicity, flexibility, and certainty in the workplace.

In its decision, the Fair Work Commission examined the process through which the agreement was certified, ensuring that it was done in accordance with the provisions of the Fair Work Act. The Commission also reviewed the contents of the agreement to verify that it included all the mandated terms and conditions, such as minimum wages, leave entitlements, and other employment standards. Furthermore, the Commission considered whether the agreement would facilitate simplicity, flexibility, and certainty in the workplace. After careful deliberation, the Commission approved the agreement, finding that it met all the necessary legal requirements and was in the best interests of the employees. The Commission's decision was based on the comprehensive compliance of the agreement with the Fair Work Act and its potential to enhance workplace relations.

The Fair Work Commission approved the Western Riverina Community Financial Services Pty Ltd Enterprise Agreement 2014, recognising its compliance with the legal standards and its potential benefits for the employees. This decision underscores the importance of ensuring that enterprise agreements adhere to the provisions of the Fair Work Act and serve the interests of both employers and employees.

Western Riverina Community Financial Services Pty Ltd

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Background to the litigation

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