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CBA HR managers were "indifferent" to the risks that individual flexibility arrangements weren't meeting employees' EA entitlements, the Federal Court has ruled.

The Fair Work Ombudsman commenced proceedings against Commonwealth Bank and Commonwealth Securities Limited (CommSec) in late 2021, after the companies self-reported their non-compliance with the Fair Work Act.

CBA and CommSec ultimately admitted liability, but they contested the FWO's proposed penalties for their breaches – $9.1m and $3.7m, respectively.

In penalty proceedings, Justice Robert Bromwich found more than 7,400 CBA and CommSec employees were underpaid $16.07m, from 2015 to 2021...