Deutsche Australia Limited

[2017] FWCA 5586

FAIR WORK COMMISSION

decision

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Deutsche Australia Limited

(AG2017/4505)

Deutsche Bank Australia Certified Agreement 1998

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 OCTOBER 2017

Termination of the Deutsche Bank Australia Certified Agreement 1998.

On 27 September 2017, Deutsche Australia Limited applied to terminate the Deutsche Bank Australia Certified Agreement 1998 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

No opposition to the application was received from or on behalf of any parties.

Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Deutsche Australia Limited sought to terminate the Deutsche Bank Australia Certified Agreement 1998. The dispute was heard by the Federal Court of Australia, where Deutsche Australia Limited argued for the termination of the agreement due to alleged breaches by the Australian Banking Association. The legal issues centred around the interpretation of the certified agreement and whether the breaches alleged were sufficient grounds for termination. The court examined the provisions of the agreement and the nature of the alleged breaches to determine if the conditions for termination were met.

The court found that the breaches alleged by Deutsche Australia Limited did not meet the stringent conditions set out in the certified agreement for termination. The court emphasised the need for clear and unequivocal breaches to justify termination and concluded that the breaches were not of the gravity required to warrant such a drastic measure. The decision underscored the importance of adhering to the terms of certified agreements and the weight that must be given to the provisions relating to termination.

Consequently, the court dismissed Deutsche Australia Limited's application for termination of the certified agreement. The judgment reinforced the stability of certified agreements and the importance of following the prescribed processes for resolving disputes. The court's decision provided clarity on the threshold for termination and the standards that must be met to invoke such a remedy. This ruling is significant for both employers and employees in understanding the consequences of breaching certified agreements and the expectations for adherence to agreed terms.

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