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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the parties presented in the matter were HLGM Financial Services Pty Ltd, along with its subsidiaries, HLGM Financial Services (Boronia) Pty Ltd and HLGM Financial Services (Bayswater) Pty Ltd, collectively referred to as the "employers", and the Australian Services Union, representing the employees, referred to as the "union". The dispute centred around the application for the approval of the HLGM Group Enterprise Agreement 2020. The application was lodged with the Fair Work Commission under the Fair Work Act 2009, seeking formal endorsement of the terms and conditions of employment outlined in the proposed agreement.

The primary legal issue before the Commission was whether the terms and conditions set forth in the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. This involved assessing the fairness and reasonableness of the proposed agreement's provisions in light of the legislative standards, including the "better off overall test" which requires that employees should not be worse off financially under the new agreement. Additionally, the Commission had to determine if the agreement appropriately balanced the rights and obligations of both the employers and the employees, and whether it met the procedural requirements for approval.

The Fair Work Commission, after thorough examination of the evidence and submissions from both parties, found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement was fair and reasonable, with the majority of employees likely to be better off overall under the new terms. The Commission also confirmed that the agreement appropriately balanced the interests of both parties and adhered to the procedural requirements set out in the Fair Work Act. Consequently, the Commission approved the HLGM Group Enterprise Agreement 2020.

The final orders of the Commission included the approval of the HLGM Group Enterprise Agreement 2020, effective from the date of the decision, and mandated that the agreement be provided to all employees and registered with the Fair Work Commission. The agreement was to be binding on all employees of the employers who were covered by the agreement, and the terms and conditions were to be implemented accordingly.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established