Health Insurance Fund of Australia Limited

[2014] FWCA 8598

[2014] FWCA 8598

FAIR WORK COMMISSION

DECISION

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

Health Insurance Fund of Australia Limited
(AG2014/9960)

HEALTH INSURANCE FUND OF AUSTRALIA LIMITED AGREEMENT 2014

Banking finance and insurance industry
DEPUTY PRESIDENT SAMS	SYDNEY, 5 DECEMBER 2014

Application for approval of the Health Insurance Fund of Australia Limited Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Health Insurance Fund of Australia Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Health Insurance Fund of Australia Limited Agreement 2014 (the ‘Agreement’). The Agreement is to cover 69 employees who are engaged in the provision of health insurance services, other than Senior Management. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 4 September 2014, and voting for the Agreement’s approval took place between 13 and 14 November 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by show of hands, 51 of the 57 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 19 November 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr S Williams, Human Resources Manager identified the Banking, Finance and Insurance Award 2010 [MA000019] and the Clerical and Administrative Employees (Health Insurance Industry) Award 2001 [AP809224] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Williamssaid that the Agreement provided for some terms and conditions that are less beneficial than those under the reference instruments, including an increased span of ordinary hours, the removal of some non-applicable allowances and the removal of annual leave loading when paid on accrued leave on termination of employment. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 22 and 23 respectively, and a disputes resolution procedure at clause 21 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 28 November 2014, Mr M Nazareth, Solicitorappeared with Mr S Williams for the applicant. Mr Nazareth outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased on 1 July each year by 2.5%. He also said that while the Agreement was expressed to cover employees across Australia, the current workforce was in Western Australia.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Health Insurance Fund of Australia Limited Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 5 December 2014 and have a nominal expiry date of 4 December 2018.

DEPUTY PRESIDENT

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