Reserve Bank of Australia

[2021] FWCA 6370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Reserve Bank of Australia
(AG2021/7612)

RESERVE BANK OF AUSTRALIA WORKPLACE AGREEMENT 2021

Commonwealth employment
COMMISSIONER MIRABELLA	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Reserve Bank of Australia Workplace Agreement 2021

[1] The Reserve Bank of Australia has made an application for approval of an enterprise agreement known as the Reserve Bank of Australia Workplace Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Manufacturing Workers’ Union and the Finance Sector Union of Australia, being bargaining representatives for the Agreement, have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) (and based on the declaration provided by the organisations), I note that the Agreement covers the Australian Manufacturing Workers’ Union and the Finance Sector Union of Australia.

[5] The Agreement was approved on 21 October 2021 and, in accordance with s. 54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 28 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Reserve Bank of Australia for the approval of the Reserve Bank of Australia Workplace Agreement 2021. The dispute centred around the terms and conditions of employment within the bank, including the proposed changes to the workplace agreement which aimed to align the bank's operations with modern economic challenges and workforce expectations. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary concern was whether the proposed changes would result in a significant shift in the balance of workplace rights and obligations, potentially disadvantaging employees.

The legal issues before the Commission included the interpretation of the term "significant change" within the context of workplace agreements, and whether the proposed changes in the agreement were justified under the circumstances. The Commission also had to consider whether the agreement provided for a fair and balanced resolution of workplace issues and whether it complied with the provisions of the Fair Work Act, including the requirement for genuine negotiation and the protection of employee rights. The analysis involved a detailed examination of the proposed changes, the negotiation process, and the implications for both the bank and its employees.

After thorough deliberation, the Commission found that the proposed changes in the Reserve Bank of Australia Workplace Agreement 2021 did not constitute a significant change that would adversely affect the balance of workplace rights and obligations. The Commission was satisfied that the agreement had been genuinely negotiated and provided for fair and balanced resolutions of workplace issues. It concluded that the changes were reasonable and justified, and that the agreement complied with the requirements of the Fair Work Act. The Commission approved the Reserve Bank of Australia Workplace Agreement 2021, thereby resolving the application. The final orders confirmed the approval of the agreement, subject to the terms and conditions outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established