H.E.S.T Australia Limited

[2020] FWCA 3732

[2020] FWCA 3732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

H.E.S.T Australia Limited
(AG2020/1737)

HESTA ENTERPRISE AGREEMENT 2020-2024

Banking finance and insurance industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 JULY 2020

Application for approval of the HESTA Enterprise Agreement 2020-2024.

[1] An application has been made for the approval of an enterprise agreement known as the HESTA Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H.E.S.T Australia Limited. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of H.E.S.T Australia Limited, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I have noted that a Notice of Employee Representational Rights (NERR) was first given to the employees on 16 January 2020 and an updated NERR was given on 2 March 2020. As such, it would appear that not all copies of the NERR were distributed no later than 14 days after the 16 January 2020 notification time but because bargaining had not formally commenced as at 2 March 2020, I am satisfied the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed, notwithstanding this minor procedural error. 1

[4] H.E.S.T Australia Limited has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[5] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, together with my conclusion at paragraph [3] 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.

[6] The Finance Sector Union (FSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the FSU, I note that the Agreement covers the FSU.

[7] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

 1   Fair Work Act 2009, s.188(2).

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