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FSU v NAB – Unreasonable additional hours Federal Court update

We wanted to provide an update on the work the FSU has been undertaking to advance our Federal Court action against NAB and importantly, secure a resolution to our issues that could be presented to members. 

As you are aware, current and former FSU members in Group 3 and above roles have raised concerns about the unreasonable number of hours they have and are ongoingly expected to work to satisfy the basic requirements of their role. 

NAB have refused to address these significant issues over many years and as a result, the FSU lodged a case with the Federal Court of Australia.

Given the length of the period these unreasonable hours have been required, as well as the complexities of the issue being dealt with, the Federal Court proceedings have taken some time. 

The FSU lodged our evidence with the Federal Court on 11 December 2023. In turn, NAB now has until mid-July 2024 to lodge their evidence. Once this is complete, a further case management hearing will take place at which the Court will decide the next steps for progressing the matter to trial. 

Mediation discussions

At the invitation of NAB, the FSU has also agreed, in good faith, to ongoing dialogue in mediation discussions in an effort to find a positive resolution for members. 

We will continue to keep you updated should these discussion result in a meaningful outcome. Importantly, while we have agreed to engage in mediation, the proceedings within the Federal Court continue. 

Finally, we wanted to acknowledge how important it is for this matter to be resolved in favour of members and the frustration at the time it is taking to achieve a resolution. But absent NAB acknowledging the problem of unreasonable hours and fixing it, the FSU is left with no option but to continue the Court proceedings.

The FSU is committed to pursuing this matter to its conclusion and resolving the hours of work crisis at NAB. 

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