Application for approval of the Beyond Bank Australia Limited Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Beyond Bank Australia Limited Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beyond Bank Australia Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which is attached as 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clauses 5.2.4 and 5.8.2 of the Agreement from:

5.2.4 At your request, and where mutually agreed, an arrangement under 1.9 of this Agreement may be made to work outside the span of Ordinary Hours at ordinary time rates provided such arrangement meets the requirements of clause 1.9 of this Agreement.

(a) You and BBA have an Individual Flexibility Arrangement in place under clause 1.9 of this Agreement that would not require the payment of overtime.

5.2.4 At your request, and where mutually agreed, an arrangement under 1.8 of this Agreement may be made to work outside the span of Ordinary Hours at ordinary time rates provided such arrangement meets the requirements of clause 1.8 of this Agreement.

(a) You and BBA have an Individual Flexibility Arrangement in place under clause 1.8 of this Agreement that would not require the payment of overtime

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES): 

• Personal/carer's leave notice - Clause 7.2.5 of the Agreement states that "personal leave may be utilised for preventative and planned health appointments subject to the appropriate notice requirements and authorisation from your manager". Under the Act, employees would be required to produce evidence that would satisfy a reasonable person per s.107.

• Family and domestic violence leave - Clause 7.6.3 of the Agreement provides that family and domestic violence refers to family and domestic violence as including physical, sexual, verbal or emotional abuse by a family member. This clause further defines that family and domestic violence covers abuse that occurs in relationships between spouses or partners (including former spouses or partners), between people in intimate relationships, between a person and their parent, child, grandchild, grandparent, brother or sister, between members of Aboriginal kinship groups, other culturally recognised family groups and between a carer and the person cared for. This definition appears to be inconsistent with s.106B of the Act which provides that family and domestic violence is violent, threatening or other abusive behaviour by a close relative of a person, a member of a person's household, or a current or former intimate partner of a person.

[6] Noting Clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. 

[7] The Financial Sector Union of Australia (FSU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the FSU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 13 March 2026. The nominal expiry date of the Agreement is 30 June 2028.

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