HLGM Financial Services Pty Ltd Summary

[2025] FWCA 2744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

HLGM Financial Services Pty Ltd

(AG2025/2611)

HLGM GROUP ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
COMMISSIONER TRAN	MELBOURNE, 15 AUGUST 2025

Application for approval of the HLGM Group Enterprise Agreement 2025

HLGM Financial Services Pty Ltd has applied for approval of an enterprise agreement known as the HLGM Group Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that clause 25.4 – Withholding money due on termination – is likely to be inconsistent with the National Employment Standards.

Clause 5 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 August 2025.

In accordance with clause 4.1(b), the nominal expiry date of the Agreement is 15 August 2029.

COMMISSIONER

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CaseChat Overview and Summary

HLGM Financial Services Pty Ltd applied to the Fair Work Commission for approval of a single enterprise agreement under section 185 of the Fair Work Act 2009. The agreement in question, titled the HLGM Group Enterprise Agreement 2025, pertains to the banking, finance, and insurance industry. The Commission was tasked with determining whether the agreement met the criteria for approval and whether it adhered to the National Employment Standards (NES). Specifically, the Commission examined clause 25.4, which pertains to the withholding of money due on termination, to ascertain if it was inconsistent with the NES.

The primary legal issue before the Commission was whether clause 25.4 of the HLGM Group Enterprise Agreement 2025 was inconsistent with the NES. Given that clause 5 of the Agreement provides precedence to the NES, the Commissioner considered whether the more beneficial entitlements of the NES would prevail in the event of an inconsistency. The Commissioner also needed to verify that all relevant requirements of sections 186, 187, and 188 of the Fair Work Act had been fulfilled to grant approval.

The Commissioner found that clause 25.4 was likely inconsistent with the NES, but confirmed that clause 5 of the Agreement ensured that the NES's more beneficial entitlements would prevail. The Commissioner was satisfied that all relevant requirements of sections 186, 187, and 188 of the Act had been met. Consequently, the Agreement was approved and would take effect from 22 August 2025, with a nominal expiry date of 15 August 2029, as per clause 4.1(b) of the Agreement.

HLGM Financial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established