Finance Sector Union of Australia

[2013] FWC 9592

[2013] FWC 9592

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 12 - Application to vary pre-reform or transitional award

Finance Sector Union of Australia
(C2013/6850)

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 DECEMBER 2013

Application to vary the St. George Bank Employees Award 2002.

[1] This is an application, filed by the Finance Sector Union of Australia (the ‘applicant Union’), pursuant to Item 12, Sch 3 of the Fair Work Transitional Provisions and Consequential Amendments Act 2009 (the ‘Transitional Act’) and Divisions 5 and 6 of Part 10 of the Workplace Relations Act 1996 (the ‘WR Act’). The application seeks to increase various allowances under the St. George Bank Employees Award 2002 [AP817022] (the’ Award’).

[2] Item 12 of Sch 3 of the Transitional Act is as follows:

‘12 Awards: continued application of WR Act provisions about variation and revocation

(1) Subject to this item, Divisions 5 (other than subsections 554(1) to (4)) and 6 of Part 10 of the WR Act continue to apply on and after the WR Act repeal day in relation to transitional instruments that are awards as if references to the Commission were instead references to FWA.

Note: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.

(2) FWA must perform its powers and functions under Divisions 5 and 6 in a way that furthers the objects of Part 10 of the WR Act.

(3) An award cannot be varied or revoked under Division 5 or 6 after the end of the bridging period, except as follows:

(a) an award can be varied after the end of the bridging period under section 553 of the WR Act;

(b) an award can be varied or revoked after the end of the bridging period as a result of FWA continuing to deal with a matter that it was dealing with before the end of the bridging period.’

[3] At a hearing of the application, Mr D Peddie appeared for the Applicant Union and Mr J Core appeared on behalf of St George Bank Limited. Mr Peddie explained that the application was intended to adjust various allowances under the Award in order to reflect the Commission’s Annual Minimum Wage Review Decision. The Award has been periodically adjusted by this mechanism, as it cannot formally be altered otherwise. Mr Core indicated that St George Bank Limited consented to the variation sought by the Applicant Union and supported the submissions of Mr Peddie.

[4] Having considered the parties’ submissions and upon reviewing the application, I am satisfied that all of the requirements of the WR Act, in particular ss 552 and 553, have been met. According, the variations sought by the Applicant Union will be granted. Orders giving effect to this will accompany the publication of my decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AP817022  PR545403 >