HBF Health Limited T/A HBF

[2021] FWCA 6848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HBF Health Limited T/A HBF
(AG2021/8303)

HBF ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
COMMISSIONER WILSON	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the HBF Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the HBF Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HBF Health Limited T/A HBF. 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. 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.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2021. The nominal expiry date of the Agreement is 25 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HBF Health Limited applied to the Fair Work Commission for approval of the HBF Enterprise Agreement 2021. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application arose from negotiations between HBF Health Limited and its employees, who were represented by the Health Services Union of Australia (HSU). The agreement sought to govern the terms and conditions of employment for certain employees of HBF.

The key legal issues before the FWC included whether the agreement complied with the procedural requirements of the Fair Work Act, and whether it contained provisions that were contrary to public policy or the public interest. Additionally, the FWC had to consider whether the agreement provided for appropriate mechanisms for resolving disputes, and whether it adequately protected the rights and interests of employees. The FWC needed to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith.

In its decision, the FWC examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The FWC found that the agreement had been negotiated in good faith and that the process met the statutory requirements. The FWC also considered the content of the agreement and found that it did not contain any provisions that were contrary to public policy or the public interest. The FWC was satisfied that the agreement provided for appropriate mechanisms for resolving disputes and that it adequately protected the rights and interests of employees.

The FWC approved the HBF Enterprise Agreement 2021, effective from 1 March 2021. The agreement was to remain in force until 31 December 2024, subject to any orders made by the FWC or any other relevant authority. The approval was based on the FWC's determination that the agreement complied with the legal requirements of the Fair Work Act and that it was in the best interests of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established