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The ballot for Hostplus’ proposed Enterprise Agreement opens today, Wednesday 6 May, and closes tomorrow, Thursday 7 May at 5pm. Vote NO to send a clear message to management that their offer falls short.

Concerningly, members have reached out to the FSU about an email sent to staff yesterday from Hostplus Chief People Officer Natalie Strickland.

We want to correct the record and clarify some important points (with references!).

Good faith bargaining

Hostplus said: “A ‘No’ vote does not guarantee a better offer; it guarantees further delay. It resets the process, extends negotiations, and delays any potential increases with no certainty about timing or outcome (including the cost-of-living payment).”

A “No” vote means that a majority of Hostplus employees do not think that management’s proposal is good enough.

If Hostplus management wants to drag out any future negotiations and take pay and conditions they have already offered off the table, that says all you need to know about them as an employer.

A “No” vote does not reset any process. Good faith bargaining obligations continue to apply to everyone, including participating in meetings and responding to proposals in a timely fashion. Section 228 of the Fair Work Act contains those obligations.

Importantly, our colleagues at Aware Super and ART recently voted 'no' to Agreement proposals from their employer and management listened and improved their offer.

Overtime

Let’s be clear on when overtime is paid.

You are paid for working 38 hours each week, or 152 hours over a four-week cycle – this is set out at clause 13.1.1 of the proposed Enterprise Agreement (see page 17).

You can only receive payment for additional hours if you:

• earn under $130,000 a year; AND
• have the prior, written direction of your people leader’s manager to work the overtime.

If you meet those two criteria, you will only get paid for the additional hours you work if you work:

• before 7am or after 7pm;
• more than 10 hours on one day;
• more than 50 hours in a week;
• more than 160 hours in a four-week period; or
• on the weekend or a public holiday.

This information is all set out in the clause.

That means you can work up to 10 hours in a day, 50 hours in a week, or 160 hours in a month with no additional pay.

Hostplus’ own “Overtime Explainer” confirms this – check out scenario 1, where someone works an extra 12 hours over a month and only gets paid for four hours. In scenario 2, someone works an extra 12 hours in a week and only gets paid for four hours.

Working for free is never ok. Don’t believe the spin - you deserve to be paid for all hours you work.

Hybrid work

The FSU asked Hostplus to put the entitlement to hybrid work into the Enterprise Agreement.

This was to give everyone certainty about having this important entitlement contained in a legally enforceable document.

Hostplus refused, so you have no legal right to hybrid work in your Enterprise Agreement.

While their communication indicates a commitment to hybrid work, if they change their mind, you have no entitlement in your EA to rely on.

Hostplus also refers to any “major change” with “significant effect” triggering consultation, but take a look at the definition in the Enterprise Agreement of “significant effects” at clause 38.1.2 (page 44) – do you think this applies to changing their in-office mandate?

• the termination of the employment of employees; or
• major change to the composition, operation or size of Hostplus’ workforce or to the skills required of employees; or
• the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
• the alteration of hours of work; or
• the need to retrain employees; or
• the need to relocate employees to another workplace; or
• the restructuring of jobs.

And we have to ask, if they are so committed to hybrid work, why not just include it in the EA?

Salary reviews

We told Hostplus that we wanted to see a fair, transparent process for you to request a salary review.

The salary review process that Hostplus management has proposed requires the job to have become significantly more complex, the level of responsibility to have increased, or greater accountability.

But even if these things have happened, you can only request a review under the EA if you:

• provide a written explanation of why you think you’re entitled to an increase;
• provide supporting documentation;
• get the written endorsement of your People Leader; AND
• get the written endorsement of your Chief.

And even then, Hostplus management gets 25 business days to consider your request, and there is no guarantee that your pay will be increased at all.

Clause 8.3 sets all of this out (see pages 11 and 12).

This is a complex, drawn-out process and does not provide you with a common sense, practical way to have your pay reviewed.

Voting on your enterprise agreement is your opportunity to have your say on your pay and conditions.

We encourage everyone to carefully consider the proposal and make an informed decision based on the facts and not on spin.

All votes are confidential and cannot be seen by Hostplus. This is our chance to stand together, vote NO today and push for a better deal.

Remember, our colleagues at Aware Super and ART recently voted 'no' to Agreement proposals from their employer and management listened and improved their offer.

If you have any questions, please contact your FSU Organiser Phil Robinson on 0434 169 444 or [email protected] 

If you’re not yet a member, join the team that’s fighting for fair pay and conditions for Hostplus employees now.