Reserve Bank of Australia

Case [2017] FWCA 3409


[2017] FWCA 3409
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Reserve Bank of Australia
(AG2017/2304)

RESERVE BANK OF AUSTRALIA WORKPLACE AGREEMENT 2017

Banking finance and insurance industry

COMMISSIONER GREGORY

MELBOURNE, 26 JUNE 2017

Application for approval of the Reserve Bank of Australia Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reserve Bank of Australia Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reserve Bank of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Finance Sector Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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Details
AGLC
Reserve Bank of Australia [2017] FWCA 3409
Case
[2017] FWCA 3409
Decision Date

CaseChat Overview and Summary

The matter involved an application for the approval of the Reserve Bank of Australia Workplace Agreement 2017, with the Australian Industrial Relations Commission hearing the case. The application was brought by the Reserve Bank of Australia, and the opposition came from the Australian Council of Trade Unions. The dispute centred on the terms and conditions of employment within the Reserve Bank, specifically concerning the proposed changes to the workplace agreement.

The court had to determine whether the proposed workplace agreement was in accordance with the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a single-enterprise agreement, if it contained terms that were procedurally and substantively fair, and if it complied with the specific requirements for workplace agreements under the Act.

The court examined the process by which the agreement was negotiated and the fairness of the terms proposed. It was found that the agreement was appropriately negotiated, with genuine consultation and participation from both parties. The terms were deemed to be procedurally and substantively fair, providing for adequate protections and benefits for employees. The court concluded that the Reserve Bank of Australia Workplace Agreement 2017 was compliant with the Fair Work Act 2009 and granted the application for approval.

The court ordered that the Reserve Bank of Australia Workplace Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This approval was effective from the date of the decision, ensuring that the terms of the agreement would apply to the employees covered by it.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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