Application for approval of the MYS Enterprise Agreement 2025

[1] MyState Limited trading as MyState Bank ("the Applicant") has made an application for approval of an enterprise agreement known as the MYS Enterprise Agreement 2025 ("the Agreement"), pursuant to s 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement which covers the Applicant and three subsidiaries of it, TPT Wealth Limited, MyState Bank Limited, and Auswide Bank Ltd ("the subsidiaries"), as well as the employees as described in the Agreement. The Applicant and the subsidiaries are related bodies corporate and are 'related employers' within the meaning of that term for the purposes of s 172(5A) of the Fair Work Act.

[2] The subsidiaries filed the declarations required under r 32(3) of the Fair Work Commission Rules 2024 late. I waive compliance with the fourteen day period required under that rule.

[3] Noting clause 2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[5] Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:

• Australian Municipal, Administrative, Clerical and Services Union (ASU); and

• Finance Sector Union of Australia (FSU).

[6] In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations' declarations, I note that the Agreement covers each of those organisations.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 8 April 2029.

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