DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Australia Bank Limited
(AG2016/5720)

NAB ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the NAB Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NAB Enterprise Agreement 2016 (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.

[2] The Applicant 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 2 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Australia Bank Limited (NAB) sought approval of the 2016 Enterprise Agreement (EA) from the Fair Work Commission (FWC). The EA was intended to govern the terms and conditions of employment for a specified group of employees within NAB. The primary dispute centred around whether the EA met the statutory requirements for approval under the Fair Work Act 2009, specifically whether the agreement provided for the fair and reasonable terms of employment.

The key legal issues before the FWC were whether the EA provided for fair and reasonable terms and conditions of employment, as required by section 235(1)(a) of the Act. The FWC had to consider the fairness and reasonableness of the EA's terms in light of the existing awards and the general principles of fairness. This involved assessing the overall balance of the terms and conditions, including pay rates, leave entitlements, and other benefits, to determine if they met the statutory threshold.

In assessing the fairness of the EA, the FWC considered the broader context of existing awards and the general principles of fairness. The FWC found that the EA provided for fair and reasonable terms and conditions, taking into account the existing awards, the economic climate, and the need for flexibility in the workplace. The FWC determined that the EA met the statutory requirements under section 235(1)(a) of the Act. Consequently, the FWC approved the NAB Enterprise Agreement 2016, subject to certain conditions.

The FWC approved the EA on the basis that it provided for fair and reasonable terms and conditions of employment. The approval was subject to conditions, including the requirement for NAB to provide information to employees about the EA and the process for resolving disputes. The FWC's decision provided clarity on the approval process for enterprise agreements and reinforced the importance of meeting the statutory requirements under the Fair Work Act.

National Australia Bank Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established