Bupa Hi Pty Ltd T/A Bupa
[2024] FWCA 1450
•19 APRIL 2024
| [2024] FWCA 1450 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bupa Hi Pty Ltd T/A Bupa
(AG2024/976)
BUPA AUSTRALIA ENTERPRISE AGREEMENT 2024
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 19 APRIL 2024 |
Application for approval of the Bupa Australia Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Bupa Australia Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Bupa Hi Pty Ltd (applicant).
The Agreement is a single enterprise agreement that covers the applicant and Bupa Health Services Pty Ltd (collectively, the Employers). The Employers are related employers for the purposes of ss 172(2) and 172(5A)(b) of the Act.[1]
A declaration was lodged by the applicant with the approval application. Pursuant to Rule 32(3) of the Fair Work Commission Rules 2024, Bupa Health Services Pty Ltd later lodged a declaration in the approved form. I dispensed with compliance with the requirement that the additional declaration be lodged within 14 days of the day on which the Agreement was made.
I am satisfied that each requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Finance Sector Union of Australian (FSU) being a bargaining representative for the Agreement supports the approval of the Agreement and is of the view that the Agreement passes the better off overall test. The FSU has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the FSU.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement has also given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the ASU.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 April 2024. The nominal expiry date of the Agreement is 19 April 2027.
DEPUTY PRESIDENT
[1] Agreement, cl 2.4
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