Hbf Health Limited Summary

[2024] FWCA 3719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hbf Health Limited

(AG2024/3296)

HBF ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
COMMISSIONER TRAN	MELBOURNE, 25 OCTOBER 2024

Application for approval of the HBF Enterprise Agreement 2024

HBF Health Limited has applied for approval of an enterprise agreement known as the HBF Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Under s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Finance Sector Union of Australia (FSU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) both lodged Form F18 statutory declarations, giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the FSU and ASU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 November 2024.

In accordance with clause 3.1 of the Agreement, the nominal expiry date of the Agreement is 25 November 2027.

COMMISSIONER

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CaseChat Overview and Summary

HBF Health Limited sought approval for the HBF Enterprise Agreement 2024 from the Fair Work Commission. The applicant, a not-for-profit health insurer, had reached an agreement with the Australian Health Services Union (AHSU) and the Communication Workers Union (CWU). The unions represented employees of HBF. The primary dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework.

The legal issues before the Fair Work Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms for both the employer and the employees. The Commission examined the process through which the agreement was negotiated and whether it was conducted in good faith.

The Fair Work Commission found that the application met the necessary statutory requirements and that the agreement was reached through a process of good faith bargaining. The Commission determined that the terms of the agreement were fair and reasonable for both parties. The Commission approved the HBF Enterprise Agreement 2024, recognising its compliance with the legislative framework and its alignment with principles of good faith and fairness in industrial relations. The decision was made in the context of ensuring that the agreement provided a balanced outcome for the employer and the employees.

Hbf Health Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established