Fair Work Ombudsman to prosecute CBA

The Fair Work Ombudsman has announced that they will prosecute CBA for the underpayments, and misrepresentations of your workplace rights that were caused by CBA’s systematic use of Individual Flexibility Arrangements ( or “IAs”). 

This is big news, and it’s good news. If you need a refresher on what they did, and how it was unlawful, check out our explainer video:

It’ll come as no surprise to members that the FWO believes there are ’serious contraventions’ against workers worthy of prosecution at CBA.  

FSU members know that CBA systematically misrepresented Individual Flexibility Arrangements as “contracts” to undermine the terms of the EBA, effectively lining shareholders’ and executives’ pockets with stolen wages for almost a decade.  

We also know that once they’d been caught, they lied to you in order to get a new EBA over the line that effectively legalises some of the same conduct.  

They lied about the IFAs, they knowingly breached the clauses that were designed to offer some protection, and then they lied again to have people who (as a result of their first lies) didn’t fully understand their workplace rights, vote for an agreement that legalised the same conduct into the future.  

There is no better example of wage theft in Australia right now. CBA deserve to have the book thrown at them and we will continue to support the FWO’s case in whatever way will help ensure the best outcome for members. 

CBA knew what they were doing. The system is only ’too complicated’ if you’re rorting it.  

Some members will recall that the FSU was working to bring a case along the same lines. Now that the Fair Work Ombudsman (a well resourced government department) has brought the same case we will not be able to lodge ours. That said, we are exploring options to involve ourselves to ensure that your interests are as protected as they can be in this.  

At this stage, this is all we know. We will keep members informed.



Authorised by Julia Angrisano, National Secretary