National Australia Bank Limited

[2023] FWCA 2952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Australia Bank Limited

(AG2023/2899)

NAB ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2023

Application for approval of the NAB Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the NAB Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Australia Bank Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 50.3 – Can my team or I swap a Public Holiday for another day?

However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved National Australia Bank Limited, which sought approval of its Enterprise Agreement 2024. The application was lodged with a view to having the agreement apply to employees within the banking sector. The crux of the dispute centred on whether the proposed terms and conditions outlined in the agreement were fair and reasonable in light of the obligations imposed by the Fair Work Act 2009.

The court had to deliberate on several key issues. It was necessary to ascertain whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act, including provisions related to minimum entitlements, procedural fairness, and the avoidance of undue hardship. Additionally, the court considered whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in relation to wage rates, conditions of employment, and dispute resolution mechanisms.

In its decision, the Fair Work Commission determined that the proposed Enterprise Agreement 2024 met the necessary statutory requirements and was fair and reasonable. The Commission found that the agreement provided for appropriate minimum entitlements, maintained procedural fairness, and did not impose undue hardship on any party. It was concluded that the agreement appropriately balanced the interests of both the employer and employees, offering a fair framework for future employment relations within the bank. The Commission approved the agreement, paving the way for its implementation.

The Commission's approval of the Enterprise Agreement 2024 was made subject to certain conditions, ensuring compliance with the Fair Work Act. The bank was required to provide ongoing communication with employees regarding the terms of the agreement and ensure that any changes to the agreement would be subject to further review by the Commission. The final orders mandated that the agreement be implemented within the specified timeframes and that any disputes arising from the agreement would be subject to the jurisdiction of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established