DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Good Country Financial Services Limited T/A Keith and Districts Community Bank
(AG2019/4653)

GOOD COUNTRY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2019

Application for approval of the Good Country Financial Services Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Good Country Financial Services Limited Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Good Country Financial Services Limited T/A Keith Districts Community Bank. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 December 2019.

[3] On 19 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2019. The undertaking deals with the following topics:

•  The shiftwork definition contained in the Banking, Finance and Insurance Award 2010 will apply and also be for the purposes of the National Employment Standards (NES).

•  If an employee takes paid or unpaid personal leave they should notify the Applicant within one hour of the commencement time or if that is not possible, as soon as practicable thereafter which may be after the leave has started.

•  An employee and the Applicant may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

•  Clause 30.3 (Redundancy) will not operate in the absence of an order made by the Fair Work Commission pursuant to s.120 of the Act.

•  Clause 8.7 (Deductions) deductions from wages shall not operate where it is inconsistent with sections 324 or 326 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 December 2023.

COMMISSIONER

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