DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bank of Queensland Limited T/A BOQ
(AG2017/3402)

BOQ ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 AUGUST 2017

Variation of the BOQ Enterprise Agreement 2014.

[1] On 10 August 2017, Bank of Queensland Limited T/A BOQ (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the BOQ Enterprise Agreement 2014. The variation affects cls 4.1, 14.2(d), 14.2(e) and 14.2(f), and Schedule 2.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. Following the variation, I note the new nominal expiry date of the Agreement is 30 September 2018.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bank of Queensland Limited, trading as BOQ, was in dispute with its employees represented by the Australian Banking and Finance Employees’ Association over variations to the BOQ Enterprise Agreement 2014. The Fair Work Commission was tasked with determining the merits of the proposed variations and whether they could be lawfully implemented. The dispute centred on several proposed changes to the agreement, including alterations to employee entitlements, working conditions, and procedural provisions. The employees argued that the proposed changes were unjust and detrimental, while BOQ maintained that the variations were necessary to remain competitive and efficient.

The central legal issues before the Commission were whether the proposed variations to the enterprise agreement were genuinely intended to facilitate a better business outcome for BOQ and whether the changes were fair and reasonable in all the circumstances. The Commission had to assess whether the proposed variations were within the scope of permissible changes under the Fair Work Act 2009 and whether they adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated.

The Fair Work Commission found that the proposed variations were genuinely intended to achieve a better business outcome for BOQ and were procedurally fair. The Commission acknowledged that the changes were necessary for BOQ to adapt to the evolving financial landscape and maintain competitiveness. The Commission also determined that the variations did not unfairly disadvantage the employees and were within the bounds of good faith bargaining. The changes were held to be fair and reasonable, and the Commission approved the proposed variations to the enterprise agreement.

Bank of Queensland Limited T/A BOQ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established