HLGM Financial Services (Bayswater) Pty Ltd T/A Bayswater Lending and Investment Centre

[2013] FWCA 4547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HLGM Financial Services (Bayswater) Pty Ltd T/A Bayswater Lending and Investment Centre
(AG2013/1341)

HLGM FINANCIAL SERVICES (BAYSWATER) PTY LTD ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
VICE PRESIDENT LAWLER	MELBOURNE, 9 JULY 2013

Application for approval of the HLGM Financial Services (Bayswater) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HLGM Financial Services (Bayswater) Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The application has been made by HLGM Financial Services Pty Ltd trading as Bayswater Lending and Investment Centre (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2013. The nominal expiry date of the Agreement is 15 July 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of HLGM Financial Services (Bayswater) Pty Ltd T/A Bayswater Lending and Investment Centre, the Fair Work Commission was tasked with the application for approval of the Enterprise Agreement 2013. This matter involved the employer, HLGM Financial Services, and its employees, represented by the Australian Financial Services and Allied Industries Union. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, specifically regarding wage rates, entitlements, and dispute resolution mechanisms.

The legal issues before the Commission required careful consideration of the Fair Work Act 2009 and its provisions concerning the approval of enterprise agreements. The Commission had to determine whether the agreement met the criteria for being a "genuine" enterprise agreement, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from any unfair content. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it complied with procedural requirements such as the provision of relevant information to employees.

In reaching its decision, the Commission examined the submissions from both parties and the evidence presented. The Commission found that the proposed agreement was fair and reasonable, providing adequate protections for the employees. It was determined that the agreement met all statutory requirements, including the provision of minimum wage rates and conditions, and that it was free from any unfair content. Furthermore, the Commission was satisfied that the agreement was made in good faith and that all necessary procedural steps were followed. As a result, the Commission approved the HLGM Financial Services (Bayswater) Pty Ltd Enterprise Agreement 2013.

The final orders of the Commission included the approval of the Enterprise Agreement 2013, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between HLGM Financial Services and its employees, subject to the provisions of the Fair Work Act 2009. The decision provided clarity and certainty for both parties, ensuring that the agreement was legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established