DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Queensland Country Bank Limited
(AG2020/1326)

QUEENSLAND COUNTRY CREDIT UNION LTD ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 MAY 2020

Application for variation of the Queensland Country Credit Union Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Queensland Country Credit Union Ltd Enterprise Agreement 2019 (the Agreement). The application was made by Queensland Country Bank Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 December 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Country Bank Limited, the respondent, brought an application for the variation of the Queensland Country Credit Union Ltd Enterprise Agreement 2019, which was opposed by the Queensland Teachers' Union, the appellant. The dispute centred on the changes proposed by the bank to the enterprise agreement, which was argued to be unjust and unfair by the union. The matter was heard in the Fair Work Commission.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the court needed to determine whether the proposed changes to the enterprise agreement were consistent with the "better off overall test" and whether the process followed by the bank to propose these changes was lawful and procedurally fair. The union argued that the changes were not in the employees' best interests and that the bank had failed to adequately consult with the union.

The Fair Work Commission, after examining the evidence and submissions from both parties, concluded that the proposed changes to the enterprise agreement were not unfair or unjust. The commission found that the bank had followed the appropriate process in proposing the changes and that the changes were designed to ensure the financial viability of the bank. The commission also found that the changes met the "better off overall test" as they were in the employees' best interests overall. Consequently, the application for the variation of the enterprise agreement was approved.

The Fair Work Commission ordered that the Queensland Country Credit Union Ltd Enterprise Agreement 2019 be varied as per the terms proposed by the bank. The union's opposition to the application was dismissed, and the changes to the enterprise agreement came into effect as ordered.

Queensland Country 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