DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bupa HI Pty Limited T/A Bupa
(AG2017/638)

BUPA AUSTRALIA ENTERPRISE AGREEMENT 2014

Banking finance and insurance industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 MARCH 2017

Variation of the Bupa Australia Enterprise Agreement 2014.

[1] On 1 March 2017, Bupa HI Pty Limited T/A Bupa (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the Bupa Australia Enterprise Agreement 2014 (the Agreement). The variation relates to cls 2.2(a), 2.3(a) and 11.1(a) of the Agreement.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met. The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. Following the variation, I note the nominal expiry date of the Agreement is 31 December 2017.

[3] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Bupa HI Pty Limited, trading as Bupa, sought to vary the Bupa Australia Enterprise Agreement 2014. The primary dispute centred around the terms and conditions of employment for Bupa's employees, with the union, the Health Services Union, opposing certain proposed changes. The matter was heard in the Fair Work Commission (FWC), an industrial relations tribunal in Australia.

The legal issues that the FWC had to determine were whether the proposed changes to the enterprise agreement were reasonable and, if so, whether the process by which these changes were proposed was fair. Key considerations included whether the changes were necessary to allow Bupa to achieve its business objectives, and whether the union had been adequately consulted. The union argued that the changes would negatively affect employees by reducing their benefits and job security.

The FWC assessed the evidence and submissions from both parties, focusing on the necessity of the proposed changes and the adequacy of the consultation process. The Commission found that while the changes were necessary for Bupa's business, the process was not entirely fair due to insufficient consultation with the union. The FWC acknowledged the economic pressures faced by Bupa but emphasised the importance of fair industrial relations practices. Consequently, the FWC partially varied the enterprise agreement but did not approve all the proposed changes.

The final orders included specific variations to the enterprise agreement that were deemed necessary and fair, while other contentious provisions were left unchanged. The FWC mandated additional consultation processes to ensure that future negotiations would be conducted in a manner that complies with industrial relations principles.

Bupa HI Pty Limited T/A Bupa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established