Australia and New Zealand Banking Group Limited

[2017] FWCA 5654

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Australia and New Zealand Banking Group Limited

(AG2017/4583)

ANZ Enterprise Agreement 2015 - 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2017

Application for variation of the ANZ Enterprise Agreement 2015 - 2016.

An application has been made for approval of a variation to the ANZ Enterprise Agreement 2015 - 2016 (the Agreement). The application was made by Australia and New Zealand Banking Group Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Australia and New Zealand Banking Group Limited and its employees, as represented by the Australian Banking and Finance Union. The dispute arose due to a request by the bank for variations to the ANZ Enterprise Agreement 2015-2016. The Fair Work Commission was the court responsible for adjudicating on the application.

The legal issues before the court included whether the proposed changes were genuinely in the interest of the business and whether the changes were fair and reasonable. The court also had to consider if the changes complied with the requirements of the Fair Work Act 2009, including the principle of mutuality and the protection of employees' rights.

In its decision, the court found that the proposed changes were genuinely in the interest of the business, as they were necessary for the bank to remain competitive in a rapidly changing financial environment. The court also held that the changes were fair and reasonable, as they provided appropriate protections for the employees and did not undermine their existing rights or conditions. The court further found that the changes complied with the requirements of the Fair Work Act 2009, including the principle of mutuality. Therefore, the application for variation of the ANZ Enterprise Agreement 2015-2016 was approved.

The final orders of the court included the approval of the proposed changes to the ANZ Enterprise Agreement 2015-2016, subject to certain conditions and protections for the employees. The court also ordered that the changes would come into effect on a specified date and that the bank and the union would work together to implement the changes in a timely and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established