DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westpac Banking Corporation
(AG2018/6298)

WESTPAC GROUP ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2019

Application for approval of the Westpac Group Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Westpac Group Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westpac Banking Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Finance Sector Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Westpac Banking Corporation, who sought approval of their proposed enterprise agreement. The application was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions regarding employee rights, workplace conditions, and the process for making the agreement.

The FWC considered whether the agreement provided for appropriate minimum terms and conditions, and whether it complied with the provisions of the Act concerning the negotiation process. The FWC also examined if the agreement included all necessary protections and provisions for employee representation, ensuring that it did not unfairly disadvantage any group of employees. The bank argued that the agreement was fair and balanced, providing necessary flexibility for its business operations while protecting employees' rights. The opposing party raised concerns about specific clauses that they believed did not adequately protect employees' interests.

The FWC found that the agreement contained all the necessary protections and provisions required by the Act. It concluded that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The FWC was satisfied that the agreement provided for appropriate minimum terms and conditions, and that it did not unfairly disadvantage any group of employees. As such, the FWC approved the Westpac Group Enterprise Agreement 2019, allowing it to take effect from the specified commencement date.

Westpac Banking Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established