Queensland Country Bank Limited

[2022] FWCA 3228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Country Bank Limited

(AG2022/3756)

Queensland Country Bank Ltd Enterprise Agreement 2022

Banking finance and insurance industry
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2022

Application for approval of the Queensland Country Bank Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Queensland Country Bank Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Country Bank Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and in accordance with s.54, will operate from 23 September 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Queensland Country Bank Limited Enterprise Agreement 2022 was before the Fair Work Commission. The applicant, Queensland Country Bank Limited, sought approval of the enterprise agreement which would regulate the employment conditions of its employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to determine were whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it was appropriately certified by the relevant authority. The Commission also considered whether the agreement adequately protected the rights of employees and whether it complied with the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the enterprise agreement had been made in good faith and contained all the necessary minimum terms and conditions. The agreement was also certified by the relevant authority, which was a necessary prerequisite for its approval. The Commission determined that the agreement did not adversely affect the rights of employees and was in compliance with the Fair Work Act. Consequently, the Commission approved the Queensland Country Bank Limited Enterprise Agreement 2022.

The Commission's decision was based on a detailed analysis of the agreement and the evidence provided by both parties. The Commission found that the agreement was fair and reasonable, and that it met all the legal requirements for approval. The Commission also noted that the agreement provided for a fair and efficient workplace, and that it was in the best interests of both the employer and the employees. The Commission's decision was therefore in line with the principles of the Fair Work Act and the need to promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established