DECISION

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

Reserve Bank of Australia
(AG2015/3413)

RESERVE BANK OF AUSTRALIA WORKPLACE AGREEMENT 2015

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 10 AUGUST 2015

Application for approval of the Reserve Bank of Australia Workplace Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Reserve Bank of Australia (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Reserve Bank of Australia Workplace Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Finance Sector Union of Australia (the ‘Union’) and is to cover 856 employees who are engaged by the applicant in trainee classifications and in classifications levels 1 to 4. The Agreement does not cover Level 5 employees, management or graduates. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 10 October 2014 and voting for the Agreement’s approval took place between 2 and 17 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot conducted by an independent third party provider, 454 of the 758 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 24 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms M Hope, Head of Human Resources, identified the Reserve Bank of Australia Salaried Employees Award 2000 [AP794934] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Hopesaid that the Agreement provides for ordinary hours of work of 37, rather than 35 hours per week and an increased ordinary span of hours. However, the Agreement provides for a number of terms and conditions that are more beneficial than those under the Award, including higher rates of pay, enhanced redundancy entitlements and more generous parental, personal and jury service leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 5 snd 6 respectively, and a disputes resolution procedure at Part F provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 4 August 2015, Mr S Sherman and Mr G Richardson appeared for the applicant and Mr D Peddie and Mr P Tancred appeared for the Union. Mr Sherman outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the Agreement provides for an increase of 2% on approval, 2% on 1 September 2015 and 2% on 1 September 2016, with provision for additional performance-based increases. Mr Peddie and Mr Tancred supported the submissions of Mr Sherman and confirmed the Union supported the approval of the Agreement. Mr Tancred observed that a 37 hour working week was a new feature in the Agreement. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Reserve Bank of Australia Workplace Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 11 August 2015 and have a nominal expiry date of 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter in the Fair Work Commission (FWC) involved an application by the Reserve Bank of Australia (RBA) for approval of its Workplace Agreement 2015. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant, the RBA, sought to have the agreement, which was negotiated with various employee unions, formally approved. This would allow it to override certain provisions of the applicable awards and facilitate more flexible workplace arrangements.

The central legal issue was whether the agreement was a genuine enterprise agreement as defined under the Fair Work Act. The FWC had to determine whether the agreement had been negotiated in good faith, covered a relevant workplace, and complied with the procedural requirements for approval. Additionally, the FWC examined whether the proposed agreement contained permissible terms and conditions and whether it provided for appropriate dispute resolution mechanisms.

The FWC found that the Reserve Bank of Australia had negotiated the Workplace Agreement 2015 in good faith and that it covered the relevant workplace. The Commission also determined that the agreement complied with all procedural requirements for approval, including proper consultation with employee representatives. The FWC further found that the agreement contained permissible terms and conditions that were fair and reasonable. The proposed dispute resolution mechanisms were also deemed appropriate. Consequently, the FWC approved the Workplace Agreement 2015, finding it to be a genuine enterprise agreement under the Fair Work Act.

The FWC's approval of the Workplace Agreement 2015 allowed the RBA to implement the terms and conditions outlined in the agreement, which were intended to facilitate more flexible workplace arrangements. This decision confirmed that the agreement met all legal requirements and was a genuine enterprise agreement, thereby providing certainty to both the RBA and its employees.

Reserve Bank of Australia

DECISION

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