Bank Of Queensland Limited T/A Bank Of Queensland Limited Summary

[2023] FWCA 1971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bank Of Queensland Limited T/A Bank Of Queensland Limited

(AG2023/1705)

BOQ ENTERPRISE AGREEMENT 2022

Banking finance and insurance industry
COMMISSIONER SPENCER	BRISBANE, 29 JUNE 2023

Application for approval of the BOQ Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the BOQ Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Bank Of Queensland Limited T/A Bank Of Queensland Limited (the Applicant). The Agreement is a single enterprise agreement.

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

The Finance Sector Union of Australia (FSU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the FSU.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 6 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bank of Queensland Limited, trading as Bank of Queensland Limited, applied to the Fair Work Commission for approval of the BOQ Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for the bank's employees and whether the agreement complied with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary legal standards and if it provided fair and reasonable terms for both employees and the employer.

The primary legal issues that the Commission had to address were whether the agreement contained the required 'protected action' provisions, whether it adhered to the 'no disadvantage' test, and whether it complied with other statutory requirements such as minimum wage provisions. The Commission also had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it allowed for genuine bargaining between the parties.

In examining these issues, the Commission considered submissions from both the Bank of Queensland and the relevant employee representatives. The Commission noted that the agreement contained appropriate 'protected action' provisions and met the 'no disadvantage' test. It was also found that the agreement adhered to the minimum wage requirements and other statutory obligations. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that there had been genuine bargaining between the parties. As a result, the Commission approved the BOQ Enterprise Agreement 2022.

Bank Of Queensland Limited T/A Bank Of Queensland Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established