Norfina Limited Summary

[2025] FWCA 3439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Norfina Limited

(AG2025/2960)

SUNCORP BANK ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
COMMISSIONER P RYAN	SYDNEY, 14 OCTOBER 2025

Application for approval of the Suncorp Bank Enterprise Agreement 2025

Norfina Limited (Employer) has made an application for approval of an enterprise agreement known as the Suncorp Bank Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

To the extent that the Agreement may be inconsistent with the National Employment Standards (NES), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES having regard to clause 1.7, Schedule 6, and the undertakings provided by the Employer.

Section 183 Bargaining Representative

The Finance Sector Union of Australia (FSU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the FSU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 21 October 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norfina Limited, a company that operates in the financial services sector, brought an application before the Fair Work Commission for the approval of the Suncorp Bank Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment for employees within the banking sector, specifically those outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in terms of its provisions for employees and employers.

The primary legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for approval as set out in the Fair Work Act. This included assessing the agreement's compliance with minimum entitlements such as minimum wage rates, penalty rates, leave entitlements, and other relevant standards. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both employees and employers, and if it allowed for the fair resolution of workplace disputes.

The Commission found that the proposed agreement adequately provided for the minimum entitlements required by law and was fair and reasonable in terms of its provisions for employees and employers. The Commission noted that the agreement contained provisions that ensured employees were paid at least the relevant minimum wage rates and provided for appropriate leave entitlements. Furthermore, the Commission was satisfied that the agreement provided mechanisms for the fair resolution of workplace disputes and did not undermine the rights of employees or employers. As such, the Commission approved the Suncorp Bank Enterprise Agreement 2025, subject to the usual transitional provisions.

No further orders were made by the Commission in relation to this application. The approval of the agreement meant that it would now be in force and binding on all employees and employers covered by the agreement, providing a framework for the terms and conditions of employment within the banking sector.

Norfina Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established