Australia and New Zealand Banking Group Limited

[2013] FWCA 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia and New Zealand Banking Group Limited
(AG2012/13181)

ANZ ENTERPRISE AGREEMENT 2013 - 2014 (AUSTRALIA)

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 10 JANUARY 2013

Application for approval of the ANZ Enterprise Agreement 2013-2014 (Australia).

[1] On 9 January 2013, this matter was listed for e-Hearing in Chambers, but upon the request of the Finance Sector Union of Australia (the FSU) it was transferred to an attendance hearing held earlier today.

[2] At today’s hearing, both the FSU and the Australia and New Zealand Banking Group Limited (ANZ) put matters on transcript supporting the approval of the ANZ Enterprise Agreement 2013-2014 (Australia) (Agreement).

[3] This application has been made seeking approval of an enterprise agreement known as the Agreement. The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ANZ. The Agreement is a single-enterprise agreement.

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

[5] The FSU, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2013. The nominal expiry date of the Agreement is 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australia and New Zealand Banking Group Limited (ANZ) applied for approval of the ANZ Enterprise Agreement 2013-2014. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary provisions for employee protections and if it complied with the relevant legal standards.

The primary legal issues addressed were whether the agreement adequately provided for minimum entitlements, protected employee rights, and adhered to the procedural requirements for enterprise agreements. The Commission also considered whether the agreement was made in good faith and if it was appropriately certified by the Australian Council of Trade Unions (ACTU). The Court needed to assess the compliance of the agreement with the statutory framework and ensure that it did not undermine the protections afforded to employees under the Act.

The Commission found that the ANZ Enterprise Agreement 2013-2014 met the necessary requirements for approval. It concluded that the agreement contained all the mandatory provisions required by the Fair Work Act 2009 and adequately protected the rights of employees. The Court confirmed that the agreement was made in good faith and was appropriately certified. The Commission approved the agreement, noting that it was consistent with the principles of the Act and provided for fair terms and conditions for the employees of ANZ.

The Commission's final order was to approve the ANZ Enterprise Agreement 2013-2014, ensuring that it would be applicable to the employees covered by the agreement. This decision affirmed the agreement's validity and allowed it to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established