Westpac Banking Corporation T/A Westpac Banking Corporation

[2024] FWCA 4053

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Westpac Banking Corporation T/A Westpac Banking Corporation

(AG2024/3879)

WESTPAC GROUP ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 27 NOVEMBER 2024

Application for approval of the Westpac Group Enterprise Agreement 2025

The decision issued by the Fair Work Commission on 20 November [2024 FWCA 4053, AE526824] is corrected as follows:

By correcting [11] with the following

The Agreement was approved on 20 November 2024, and, in accordance with s.54, will operate from 1 January 2025. The nominal expiry date is 31 December 2027

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Deputy President Slevin addressed the application by Westpac Banking Corporation to approve the Westpac Group Enterprise Agreement 2025. The Agreement in question pertains to the banking, finance, and insurance industry, involving the terms and conditions of employment for Westpac's workforce. The application was brought forth under the Fair Work Act 2009, specifically seeking approval of the proposed enterprise agreement. The Commission was required to determine whether the Agreement met the criteria for approval, including compliance with procedural requirements and fairness towards employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. This involved examining the procedural fairness of the agreement, ensuring that it had been negotiated in good faith, and verifying that it did not contain any provisions that would be contrary to public policy or unfair to employees. Additionally, the Commission needed to assess whether the agreement provided for the appropriate mechanisms for dispute resolution and whether it adequately protected the interests of the employees involved.

In its reasoning, the Fair Work Commission found that the proposed agreement complied with the necessary procedural requirements and was negotiated in good faith. The Commission determined that the agreement was fair and did not contain any provisions that would be contrary to public policy or unfair to employees. The agreement provided adequate mechanisms for dispute resolution and appropriately protected the interests of the employees. As such, Deputy President Slevin approved the Westpac Group Enterprise Agreement 2025, which will operate from 1 January 2025 and expire on 31 December 2027. The approval was made in accordance with section 54 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established