DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia and New Zealand Banking Group Limited
(AG2015/7478)

ANZ ENTERPRISE AGREEMENT 2015 - 2016

Banking finance and insurance industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the ANZ Enterprise Agreement 2015 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australia and New Zealand Banking Group Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Finance Sector Union of Australia 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Australia and New Zealand Banking Group Limited applied for approval of the ANZ Enterprise Agreement 2015-2016. The dispute arose from the banking group's request for the Fair Work Commission to approve the proposed agreement under the Fair Work Act 2009. The application was made in light of the ongoing negotiations between the bank and its employees, as represented by various unions. The crux of the matter involved the terms and conditions outlined in the proposed agreement, which both parties sought to have recognised as a legally binding enterprise agreement.

The legal issues before the court centred on whether the proposed agreement met the requirements of the Fair Work Act and whether it fairly represented the interests of the employees. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms, including pay and conditions, and if it had been genuinely negotiated between the parties. The bank argued that the agreement was fair and reasonable, while the unions contended that certain provisions did not adequately reflect the needs and rights of the employees.

The court meticulously reviewed the terms of the proposed agreement and considered the evidence presented by both the bank and the unions. It found that while the agreement generally provided for fair and reasonable terms, certain provisions did not adequately address the employees' interests. After careful consideration, the court determined that the agreement did not meet the necessary criteria for approval under the Fair Work Act. Consequently, the court dismissed the application for approval of the ANZ Enterprise Agreement 2015-2016.

In its final orders, the court directed that the application be dismissed and that the proposed agreement not be approved. The decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for all parties involved, particularly in the context of ongoing negotiations and the representation of employees' interests.

Australia and New Zealand Banking Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established