DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

A E Haigh Pty Ltd T/A Haigh's Chocolates
(AG2018/5138)

HAIGH'S RETAIL ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2019

Application for approval of the Haigh's Retail Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Haigh’s Retail Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A E Haigh Pty Ltd T/A Haigh’s Chocolates. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees Association 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 is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of A E Haigh Pty Ltd trading as Haigh's Chocolates, the Fair Work Commission was asked to consider an application for the approval of the Haigh's Retail Enterprise Agreement 2018. The applicant, representing the employees, sought the agreement's endorsement to ensure it complied with the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately met the statutory requirements and if it provided fair terms and conditions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Fair Work Act, specifically whether there was sufficient employee involvement in the bargaining process. Another significant issue was whether the terms and conditions proposed in the agreement were fair and reasonable, taking into account the principles of enterprise bargaining set out in the Act. The Commission also had to consider whether the agreement met the minimum standards prescribed by the relevant awards and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement had been negotiated in good faith and that there was sufficient employee participation in the bargaining process. It held that the terms and conditions of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining. The Commission also found that the agreement met the minimum standards prescribed by the relevant awards and that it provided for appropriate dispute resolution mechanisms. Therefore, the Commission approved the Haigh's Retail Enterprise Agreement 2018, and it became legally binding on the parties.

A E Haigh Pty Ltd T/A Haigh's Chocolates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established