Application by Host-Plus Pty. Limited Trading AS Host-Plus Pty Limited
Citation: [2026] FWCA 1410
What happened
Host-Plus Pty. Limited (Host Plus) applied for approval of the Hostplus Enterprise Agreement 2026-2029, a single enterprise agreement covering its employees. Several issues were raised regarding inconsistencies with the National Employment Standards (NES). To address these, Host Plus provided undertakings to ensure the NES would prevail where conflicts arose. The Finance Sector Union of Australia (FSU) and Australian Services’ Union (ASU), bargaining representatives for the agreement, supported its approval. Host Plus also sought variations to correct cross-referencing errors within the agreement.
What was decided
The Fair Work Commission approved the Hostplus Enterprise Agreement 2026-2029, subject to the undertakings provided by Host Plus regarding inconsistencies with the National Employment Standards (NES). The Commission was satisfied that the apparent inconsistencies were resolved by the NES precedence undertaking. It also approved variations to correct minor errors in cross-referencing within the agreement. The agreement will operate seven days after approval and the variations will take effect on the same day.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Any inconsistencies must be addressed, potentially through undertakings that prioritise the NES where conflicts arise. Thorough proofreading and accuracy in cross-referencing within agreements are also crucial to avoid costly variations later.
What it means for employees
Employees covered by the Hostplus Enterprise Agreement 2026-2029 should be aware that the National Employment Standards (NES) will take precedence over any conflicting terms in the agreement. This ensures employees retain their NES entitlements even if the agreement attempts to reduce them.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →