DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H.E.S.T Australia Limited
(AG2016/3582)

HESTA ENTERPRISE AGREEMENT 2016-2020

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 1 JULY 2016

Application for approval of the HESTA Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the HESTA Enterprise Agreement 2016-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Finance Sector Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

H.E.S.T Australia Limited applied to the Fair Work Commission for approval of the HESTA Enterprise Agreement 2016-2020, which was intended to regulate the employment terms and conditions of its employees. The application followed the negotiation of the agreement between H.E.S.T Australia and the Health Services Employees’ Union, which represented the employees. The primary focus of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the terms and conditions of employment, and whether it adhered to the procedural requirements for its approval. The Commission needed to assess if the agreement provided for minimum entitlements and if it had been negotiated in good faith. Additionally, the Commission considered whether the agreement met the "better-off overall test," ensuring that no employee was worse off under the new agreement.

In reaching its decision, the Commission examined the provisions of the Fair Work Act and the National Employment Standards, as well as the procedural fairness of the negotiation process. The Commission determined that the agreement provided for terms and conditions that were not less favourable than the minimum entitlements prescribed by the Act and that the negotiation process was conducted in good faith. Furthermore, the Commission found that the agreement met the better-off overall test, as no employee would be worse off under the new terms. Consequently, the Commission approved the HESTA Enterprise Agreement 2016-2020.

The Fair Work Commission granted the application for approval of the HESTA Enterprise Agreement 2016-2020, effective from 1 April 2016. The Commission's decision was based on its findings that the agreement met the statutory requirements, provided for minimum entitlements, and was negotiated in good faith. Additionally, the agreement was found to meet the better-off overall test, ensuring that no employee was disadvantaged by the new terms.

H.E.S.T Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established