Finance Sector Union of Australia

[2012] FWA 8811

[2012] FWA 8811

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Finance Sector Union of Australia
(AG2012/7581)

Banking finance and insurance industry
COMMISSIONER SIMPSON	BRISBANE, 16 OCTOBER 2012

Application for Order relating to instruments covering transferring employees.

[1] An Application pursuant to s.318 of the Fair Work Act 2009 (the Act) for an order relating to an instrument covering a new employer and transferring employees was filed by the Finance Sector Union of Australia (the FSU) on 10 August 2012.

[2] Bank of Queensland Limited became the new employer on 17 April 2012 following the change in status of the Goodna Branch from an individual franchised Owner Managed Branch to a Bank of Queensland corporate owned and operated Branch.

[3] The statements from the affected employees were provided with the application. These indicated that the affected employees supported the FSU application. A notice of listing was issued on 5 September 2012 directing the FSU to ensure that the new employer was made aware of the application, the notice of listing and the terms of the order sought. The parties were also invited to make submissions.

[4] The FSU accordingly made submissions on 19 September 2012. The Bank of Queensland also made submissions on 19 September 2012, indicating that it supported the application. A hearing was conducted by telephone on 15 October 2012.

[5] I have considered the matters set out in s.318(3) of the Act and I am satisfied on the basis of the evidence that the order should be issued.

[6] The Order [PR530194] will come into operation on 16 October 2012.

COMMISSIONER

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<Price code A, AE884201  PR530196 >