[1] An application has been made for approval of an enterprise agreement known as the IMB Bank 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 IMB Ltd T/A IMB Bank (IMB). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with IMB in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement. 

[3] The undertakings relate to:  

1. Interaction with the National Employment Standards

[4] Clause 13 of the Agreement provides for workplace delegates' rights. Section 205A of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. A "delegates' rights term" is defined as a term in a fair work instrument that provides for the exercise of the rights of workplace delegates[1]. A note to the definition provides that the rights of workplace delegates are set out in s 350C of the Act, and the delegates' rights term must provide at least for the exercise of those rights. In Construction, Forestry and Maritime Employees Union v Australian Industry Group[2] a Full Court of the Federal Court identified several features of a workplace delegates' rights clause which appeared in modern Awards as being "errors" with respect to the provision for the rights set out in s 350C of the Act. These included limitations as to representation only to employees of the employer of the delegate, rather than all employees who work in the enterprise, limits on communication with employees "for the purpose of representing their industrial interests" and the making of delegates' entitlements conditional upon compliance with a range of requirements[3]. On 23 January 2026 modern Awards were varied to address these "errors"[4].

[5] Clause 13 of the Agreement contains similar limitations as to the exercise of delegates rights as identified by the Federal Court. The clause is therefore less less favourable than the delegates' rights term now appearing in the Banking, Finance and Insurance Award 2020 (the Award). Accordingly, pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is taken to be a term of the Agreement.

Interaction with the National Employment Standards

[6] Clause 4.2 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that any apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 49.6 - Personal Leave - requires an employee to notify their immediate manager, by telephone of any intended absence on personal leave a minimum of one hour before their rostered start time. This may be inconsistent with s107(2)(a) of the Act where notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

2. Clause 51 - Compassionate leave - s 107 of the Act provides that evidence supporting compassionate leave must be that which would satisfy "a reasonable person", as opposed to "satisfactory evidence" as is referred to in the Agreement. The Agreement also does not provide for the entitlement to apply when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. In both cases the NES precedence clause means the provisions of the Act will prevail.

3. Clause 58.7 - Deduction/withholding of monies due to the employee under the NES on termination - in so far as this clause purports to allow the withholding of entitlements required to be paid on termination of employment pursuant to the NES, the NES precedence clause will not permit this to occur.

4. Clause 60.1(b) - Redundancy - while clause 60.1(b) of the Agreement provides that the entitlements set out in the clause will not apply to employees who are offered acceptable alternative employment, s 120 of the Act governs the circumstances in which an application may be made to the Commission for a variation of the severance pay prescription in these circumstances

[7] 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.

[8] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ASU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

[1] Fair Work Act 2009 s 12

[2] [2025] FWCFB 187

[3] See further Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FWCFB 187

[4] Variation of modern awards to include a delegates' rights term [2026] FWCFB 5

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