A E Haigh Pty Ltd T/A Haigh’s Chocolates Summary

[2022] FWCA 393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A E Haigh Pty Ltd T/A Haigh’s Chocolates
(AG2021/9385)

HAIGH’S RETAIL ENTERPRISE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT DEAN	CANBERRA, 8 FEBRUARY 2022

Application for approval of the HAIGH’S RETAIL ENTERPRISE AGREEMENT 2021.

[1] An application has been made for approval of an enterprise agreement known as the HAIGH’S RETAIL ENTERPRISE AGREEMENT 2021 (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] 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A E Haigh Pty Ltd trading as Haigh's Chocolates, applied to the Fair Work Commission for the approval of the Haigh’s Retail Enterprise Agreement 2021. The application was contested by the Australian Manufacturing Workers' Union, who represented some of the employees. The central dispute in this case revolved around the terms and conditions outlined in the proposed enterprise agreement, specifically concerning wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the proposed agreement provided for a safety net of minimum wages and conditions, whether it allowed for appropriate flexibility in the workforce, and whether it contained provisions that were contrary to public policy or were otherwise unlawful. The Commission also needed to consider submissions from both parties and assess whether the agreement met the criteria for being a single, integrated, and effective enterprise agreement. The crux of the matter was to ensure that the agreement balanced the interests of both employers and employees while complying with the statutory framework.

In its decision, the Fair Work Commission found that the Haigh’s Retail Enterprise Agreement 2021 met the necessary criteria for approval. The Commission noted that the agreement provided for a fair safety net of minimum wages and conditions, and that it included provisions for appropriate flexibility. The Commission also determined that none of the terms were contrary to public policy or otherwise unlawful. The Commission concluded that the agreement was comprehensive, clear, and provided an effective framework for the employment relationship between Haigh’s Chocolates and its employees.

The Fair Work Commission approved the Haigh’s Retail Enterprise Agreement 2021, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the relevant employees are governed by this enterprise agreement, providing a legally binding framework for the workplace.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established