DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa HI Pty Ltd T/A Bupa
(AG2020/4068)

BUPA AUSTRALIA ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the Bupa Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bupa Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bupa HI Pty Ltd T/A Bupa. 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Finance Sector Union of Australia (FSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 16 February 2021 and, in accordance with s.54, will operate from 23 February 2021. The nominal expiry date of the Agreement is 15 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bupa HI Pty Ltd, trading as Bupa, applied for approval of the Bupa Australia Enterprise Agreement 2020 under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with deciding the matter. The dispute centred on whether the proposed agreement met the criteria for registration as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "simple, flexible and productive workplace agreement" and if it contained all the required minimum terms and conditions of employment.

The Commission examined the proposed agreement to ascertain whether it included the mandated minimum terms and conditions and was free from prohibited content. The focus was also on whether the agreement facilitated simplicity, flexibility, and productivity in the workplace. The parties presented arguments regarding the appropriateness and fairness of certain provisions within the agreement, particularly those impacting employee entitlements and work arrangements.

After careful consideration, the Commission determined that the Bupa Australia Enterprise Agreement 2020 satisfied the legislative requirements for approval. The agreement was deemed to provide for a simple, flexible, and productive workplace while including all necessary minimum terms and conditions. The Commission approved the agreement, finding it compliant with the relevant provisions of the Fair Work Act 2009. Consequently, the agreement was registered, enabling its implementation within the organisation.

Bupa HI Pty Ltd 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