Finance Sector Union of Australia v Commonwealth Bank of Australia [2005] FCA 796

FEDERAL COURT OF AUSTRALIA

Finance Sector Union of Australia v Commonwealth Bank of Australia [2005] FCA 796 INDUSTRIAL LAW – claim of unlawful discrimination – a bank decides that its subsidiary is to become the employer of its employees in a core business unit – the subsidiary entered into an enterprise bargaining agreement with certain of its employees – the agreement is certified by the Australian Industrial Relations Commission – the certified agreement provides for employees to be employed on the terms and conditions of individual contracts of employment that are to have effect as if they were terms and conditions of the certified agreement notwithstanding that individual contracts may exclude the terms of the certified agreement – former employees of the bank are employed by the subsidiary on individual contracts of employment – whether the bank prejudicially altered the position of its employees for reasons that include the reason that they are entitled to the benefit of industrial instruments binding upon the bank – whether the employees are ascertainable – whether the certification of the enterprise bargaining agreement was invalid – whether the clause providing for individual contracts was a matter that was not a 'permitted matter' and therefore may be severed from the certified agreement – whether the bank breached the terms of its industrial instruments by failing to consult with the union – whether the union has standing to apply for a declaration that the certification of the enterprise bargaining agreement is invalid – whether the subsidiary employed its employees as agent for the bank – consideration of the relief that is appropriate in the circumstances

Workplace Relations Act 1996 (Cth) ss 170LI, 170LT, 170MD, 170NHA, 170XA, 178(1), 298K(1) and 298L(1)(h), 298T and 298U Acts Interpretation Act 1901 (Cth) ss 13(3) and 15AA Judiciary Act 1903 (Cth) s 39B(1A)(c)