DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bank of Queensland Limited T/A BOQ
(AG2018/6826)

BOQ ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 MAY 2019

Application for approval of the BOQ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BOQ Enterprise Agreement 2018 (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 T/A BOQ. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clause 30.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES

[6] 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.

[7] The Agreement was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bank of Queensland Limited trading as BOQ, the Fair Work Commission was presented with an application for approval of the BOQ Enterprise Agreement 2018. The application was made by the bank, and the Australian Banking Association intervened in the proceedings. The primary dispute centred on the terms and conditions of employment for the bank's employees, particularly those covered by the proposed agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it provided for the proper operation of an enterprise. Further, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and if it adequately protected employees' rights and interests.

The Commission found that the agreement was made in good faith and provided for the proper operation of the enterprise. It was noted that the agreement contained provisions that were fair and efficient, including those related to wages, hours of work, and other conditions of employment. The Commission also determined that the agreement provided adequate protection for employees' rights and interests. Therefore, the application for approval was granted, and the BOQ Enterprise Agreement 2018 was approved.

The Commission's final orders included the approval of the BOQ Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of the bank. The decision underscored the importance of reaching fair and balanced agreements that meet the statutory requirements and adequately protect the interests of all parties involved.

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