DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hostplus Pty Limited T/A Hostplus
(AG2016/1610)

HOSTPLUS PTY LTD ENTERPRISE AGREEMENT 2016-2019

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Hostplus Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hostplus Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hostplus Pty Limited T/A Hostplus. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Hostplus Pty Limited trading as Hostplus, who sought approval of the Hostplus Pty Ltd Enterprise Agreement 2016-2019. The application was brought under the Fair Work Act 2009, specifically Section 233, which allows for the registration of enterprise agreements. The dispute centred on whether the agreement complied with the statutory requirements and whether it was made in good faith and without coercion.

The primary legal issues addressed by the court were whether the agreement met the criteria for registration as an enterprise agreement and if it was made in compliance with the Fair Work Act. This included verifying that the agreement was not made under duress, that it was in writing, and that it had been appropriately negotiated. The court also had to consider whether the agreement adequately covered all the necessary terms and conditions of employment and if it had been properly presented for approval.

The court examined the evidence and submissions presented by both parties and found that the Hostplus Pty Ltd Enterprise Agreement 2016-2019 met all the statutory requirements for registration. The court was satisfied that the agreement was made in good faith and without coercion, and that it was appropriately negotiated. The agreement was found to cover all necessary terms and conditions of employment and was presented in compliance with the relevant provisions of the Fair Work Act. As a result, the court approved the agreement for registration.

The final orders of the court were that the Hostplus Pty Ltd Enterprise Agreement 2016-2019 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be valid and enforceable, providing a framework for the terms and conditions of employment for the relevant employees. The court's decision ensures that the agreement can be implemented as intended, facilitating the orderly administration of employment relations within Hostplus.

Hostplus Pty Limited T/A Hostplus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established