Westpac Banking Corporation

[2011] FWA 2479

[2011] FWA 2479

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Westpac Banking Corporation
(AG2011/7766)

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 15 APRIL 2011

Application to vary an agreement to remove an ambiguity or uncertainty - application approved.

[1] An application, pursuant to s 217 of the Fair Work Act 2009 (‘the Act’) was filed on the 7 April 2011, by the Westpac Banking Corporation (‘the applicant’).

[2] The applicant seeks the removal of an ambiguity or uncertainty in respect to the:

• Westpac Group Enterprise Agreement 2010 [AE878903]; and

• St George Bank Enterprise Agreement 2010 [AE882589]

[1] Both Agreements were approved by the Tribunal, as presently constituted, on 12 July 2010, ([2010] FWAA 4996) and 2 December 2010, ([2010] FWAA 9270) respectively.

[2] It was said that the uncertainty arises as follows:

Ambiguity or uncertainty

The term ‘St. George Bank Division and BankSA Division’ in both Agreements refers inclusively to the St. George and Bank SA brands, and the parties would have included any other retail banking brands operating (other than Westpac) in this term. However, uncertainty arises because the St. George Agreement does not expressly provide that employees who will work in the new Bank of Melbourne brand will be covered by the St. George Agreement.

The uncertainty arises in the following circumstances:

(a) the St. George branches are simply being rebranded Bank of Melbourne branches. The employees will still be employed by the same entity and will still be part of the same business that is currently covered by the St. George Agreement and the nature of that business will not change;

(b) the Bank of Melbourne brand will operate in the same way as BankSA (which is also covered by the St. George Agreement) - for example, the Chief Executive of BankSA reports to the Chief Executive of St. George and Bank of Melbourne will have the same reporting framework;

(c) at the time the St.George Agreement was made, only two retail banking brands separate to the Westpac brand were operating;

(d) current employees who will work under the Bank of Melbourne brand were part of the St. George Bank Division working under the St. George brand at the time of making the St. George Agreement and they voted on, and are clearly currently covered by, that Agreement; and

(e) in 1997 the Westpac Group acquired the former Bank of Melbourne (which is separate to the new Bank of Melbourne brand recently announced). This former brand ceased operating in 2004 and employees in the former Bank of Melbourne were transferred to work in Westpac retail banking at that time. These employees continue to work in Westpac retail banking and are covered by the Westpac Agreement. The Westpac Agreement replaces a number of previous enterprise agreements. As part of this, some provisions of the previous enterprise agreements have been incorporated into the Westpac Agreement. Relevantly, some provisions of the Bank of Melbourne Enterprise Agreement 2002 are incorporated into the Westpac Agreement and continue to apply to the former Bank of Melbourne employees.

[3] At a hearing of the application on 15 April 2011, Mr J Fox (Solicitor), appearing for the applicant, outlined the background to the application and sought Fair Work Australia’s (‘FWA’) approval of amendments to the two Agreements to rectify the uncertainty. Ms T Talmacs from the Finance Sector Union, the negotiating agent and the Union covered by the Agreements, supported Mr Fox’s submissions.

[4] Having considered the submissions of the parties and the detailed reasons for the application, I am satisfied that an uncertainty exists in the Agreements which warrant correction by an order of FWA. I intend to grant the application and make the orders as sought in par 2 of the application. The orders will take effect on the dates prescribed in par 2 of the application. Formal orders to that effect accompany this decision.

DEPUTY PRESIDENT

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