HLGM Financial Services Pty Ltd; HLGM Financial Services (Boronia) Pty Ltd; HLGM Financial Services (Bayswater) Pty Ltd

[2021] FWCA 718

[2021] FWCA 718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HLGM Financial Services Pty Ltd; HLGM Financial Services (Boronia) Pty Ltd; HLGM Financial Services (Bayswater) Pty Ltd
(AG2020/4228)

HLGM GROUP ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the HLGM Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the HLGM Group Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by HLGM Financial Services Pty Ltd, HLGM Financial Services (Boronia) Pty Ltd, and HLGM Financial Services (Bayswater) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking, 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. The undertaking is taken to be a term of the Agreement.

[4] I note that clause 30.3(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). This provision of the Agreement provides that if the Employer offers the employee comparable alternative employment, the employee will not be entitled to redundancy pay. However noting clause 25 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 26 February 2021. The nominal expiry date of the Agreement is 19 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510392  PR726878>

Annexure A