DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Bank of Queensland Limited
(AG2015/2719)

BOQ ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 22 MAY 2015

Application for approval of the BOQ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the BOQ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bank of Queensland 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 Agreement is approved and, in accordance with s.54, will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 September 2017.

[4] 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bank of Queensland Limited, the Fair Work Commission was presented with an application for the approval of the BOQ Enterprise Agreement 2014. The dispute arose between the bank and the Australian Banking and Finance Employees’ Union, concerning the terms and conditions of employment for certain bank employees. The nature of the disagreement involved various provisions within the proposed agreement, including wages, penalty rates, and other employment conditions.

The legal issues before the Commission involved assessing whether the agreement met the requirements under the Fair Work Act 2009, including ensuring the agreement did not provide for terms and conditions that were less favourable than the applicable award or the National Employment Standards. Furthermore, the Commission had to consider whether the agreement had been fairly and genuinely negotiated and if it met the requirements of procedural fairness.

In its decision, the Commission examined the evidence provided by both parties and considered the relevant legal principles. The Commission found that the agreement had been fairly and genuinely negotiated, and that the terms and conditions within the agreement did not provide for less favourable conditions than the applicable award or the National Employment Standards. The Commission concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the BOQ Enterprise Agreement 2014, subject to certain minor modifications.

As a result of the decision, the Fair Work Commission approved the Bank of Queensland Limited Enterprise Agreement 2014, with some minor amendments. This decision provided certainty and clarity for the bank and its employees, ensuring that the agreement complied with the relevant legislative requirements.

Bank of Queensland Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established