Application by Mount Gambier & District Financial Services Limited Trading AS Mount Gambier & District Community Bank
Citation: [2026] FWCA 798
What happened
Mount Gambier & District Financial Services Limited, trading as Mount Gambier & District Community Bank, applied for approval of the Mount Gambier District & Community Bank Enterprise Agreement 2025. The agreement covers employees and the Australian Municipal, Administrative, Clerical and Services Union (ASU). Initially, the submitted agreement lacked a signed signature page, but an amended version was later provided. The ASU lodged a statutory declaration to be covered by the agreement.
What was decided
The Fair Work Commission approved the Mount Gambier District & Community Bank Enterprise Agreement 2025. the Commissioner allowed the amendment of the signature page and noted certain terms. Clause 17.1 regarding compassionate leave was deemed consistent with the National Employment Standards (NES) due to a clause allowing for more beneficial entitlements under the NES to prevail. The Workplace Delegates’ Rights term from the Banking, Finance and Insurance Award 2020 was incorporated into the agreement. The agreement will operate from April 6, 2026, and expire on June 30, 2027.
What it means for employers
Employers seeking to implement enterprise agreements must ensure all required documentation, including signature pages, are complete. They should also consider how their agreement interacts with the NES and relevant awards, ensuring more beneficial entitlements apply where there's a conflict. Regularly review patterns of work to assess ongoing compliance.
What it means for employees
Employees covered by this enterprise agreement will benefit from terms outlined in the Mount Gambier District & Community Bank Enterprise Agreement 2025. The ASU is also covered under this agreement. Employees should be aware that compassionate leave entitlements are aligned with, and potentially enhanced by, the National Employment Standards.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →