Hostplus Pty Limited

[2020] FWCA 3451

[2020] FWCA 3451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hostplus Pty Limited
(AG2020/1553)

HOSTPLUS PTY LTD ENTERPRISE AGREEMENT 2019-2021

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2020

Application for approval of the Hostplus Pty Ltd Enterprise Agreement 2019-2021

[1] Hostplus Pty Limited has made an application for approval of an enterprise agreement known as the Hostplus Pty Ltd Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Finance Sector Union of Australia (FSU) was a bargaining representative for the Agreement. The FSU filed an F18 statutory declaration made by its national secretary, Ms Julia Angrisano, who stated that the union supported the company’s application for approval of the Agreement but disagreed with a statement in the employer’s Form F17 statutory declaration related to the ordinary hours of work for service centre employees.

[3] The FSU has since confirmed its support for the application and advised that the matter was raised for the benefit of the Commission for the purpose of its analysis of the better off overall test. Neither Hostplus nor the FSU sought to be heard further in relation to the application. I have taken account of the matter raised by the FSU and am satisfied that service centre employees will be better off overall under the Agreement than if the relevant modern award applied to their employment.

[4] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[5] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The FSU has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 2 July 2020 and, in accordance with s 54, will operate from 9 July 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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