Host-Plus Pty Limited (Hostplus)
[2023] FWCA 433
•13 FEBRUARY 2023
| [2023] FWCA 433 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Host-Plus Pty Limited (Hostplus)
(AG2022/5559)
HOST-PLUS PTY LIMITED ENTERPRISE AGREEMENT 2022-2025
| Banking finance and insurance industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 13 FEBRUARY 2023 |
Application for approval of the Host-Plus Pty Limited Enterprise Agreement 2022-2025.
Host-Plus Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Host-Plus Pty Limited Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Finance Sector Union of Australia (the FSU) and the Australian Municipal, Administrative, Clerical and Services Union (the ASU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declarations provided by the FSU and the ASU, I note that the Agreement covers them.
The Agreement was approved on 13 February 2023 and, in accordance with s.54, will operate from 20 February 2023. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
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Annexure A
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