Bupa Hi Pty Ltd T/A Bupa Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Hi Pty Ltd T/A Bupa brought an application in the Fair Work Commission for the approval of the Bupa Australia Enterprise Agreement 2024. The agreement in question was made between Bupa and various unions representing employees in the private health insurance industry. The unions sought approval of the agreement as a registered agreement under the Fair Work Act 2009, which would then be applicable to their members. The Commission had to determine whether the agreement complied with the requirements of the Act.

The legal issues before the Commission included whether the agreement complied with the mandatory provisions of the Fair Work Act, including those relating to minimum rates of pay, penalty rates, leave entitlements, and dispute resolution. The Commission also had to consider whether the agreement was made in good faith and whether it was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission also found that the agreement complied with the mandatory provisions of the Act.

The Fair Work Commission approved the Bupa Australia Enterprise Agreement 2024, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement contained provisions that were fair and reasonable and that it had been negotiated in good faith. The Commission also found that the agreement complied with the mandatory provisions of the Act, including those relating to minimum rates of pay, penalty rates, leave entitlements, and dispute resolution. The Commission approved the agreement as a registered agreement under the Act.

Bupa Hi Pty Ltd T/A Bupa

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established