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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Hostplus Pty Limited, an applicant, seeking approval of the Hostplus Pty Ltd Enterprise Agreement 2019-2021. The application was brought before the Fair Work Commission, with the Australian Council of Trade Unions acting as a party of interest. The primary dispute was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement covered all employees of Hostplus, whether it provided for appropriate minimum entitlements, and whether it was made in good faith and without coercion. The Commission also needed to determine if the agreement was consistent with the national workplace relations system and if it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Fair Work Commission found that the agreement was appropriately drafted to cover all relevant employees and provided for minimum entitlements that were consistent with the national workplace relations system. The Commission held that the agreement was made in good faith and without coercion, as evidenced by the negotiations between the parties and the comprehensive record of the bargaining process. The Commission also concluded that the agreement was consistent with the broader objectives of the Fair Work Act. As a result, the Commission approved the enterprise agreement, finding that it met all statutory requirements for approval.

Consequently, the Fair Work Commission made orders approving the Hostplus Pty Ltd Enterprise Agreement 2019-2021, effective from the date of the decision. The agreement was registered and published, thereby becoming a legally binding enterprise agreement between Hostplus and the relevant employees.

Hostplus Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established