H.A.G. Import Corpn (Australia) Pty Ltd

[2025] FWCA 2737

[2025] FWCA 2737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

H.A.G. Import Corpn (Australia) Pty Ltd

(AG2025/2432)

H.A.G. IMPORT CORPN. (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER CONNOLLY	MELBOURNE, 15 AUGUST 2025

Application for approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2025.

Approval

1. An application has been made for approval of an enterprise agreement known as the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by H.A.G. Import Corpn (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 29 July 2025.

1. On 4 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Compassionate leave: Clause 24.2.1 provides for compassionate leave where a member of the employee’s immediate family or household dies or suffers a serious illness or injury which threatens their life. We note that s.105 of the Act also provides for compassionate leave on the stillbirth of a child or where an employee or their spouse or de facto partner has a miscarriage.

1. Clause 5 of the Agreement acts as an effective NES precedence clause, in that it states that “The NES applies to employees covered by this Agreement except where this Agreement provides a more favourable outcome.” As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The Applicant has provided written undertakings, dated 5 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s), and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. The “United Workers’ Union”, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 11 April 2029.

Variation

1. An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct a number of obvious errors.

1. The s.185 application was accompanied by the following request:

“It was discovered that during the application process an agreed term was mistakenly omitted from the agreement. Clause 23.5 states:

"Each employee will be granted 1 single sick day off without an evidence requirement three times during any 12-month period starting from their entitlement date." 

It's (sic) should read 'five times' rather than three times.

Can we add this to the undertakings please”

1. Additionally, it was also identified by the Commission that the Agreement provides for ‘Family and Domestic Leave’ below clause 23.9 but does not provide a clause number. The Applicant has confirmed that despite this omission, the clause still applies.

1. This has been provided to all parties to the application and there have been no objections received.

1. Having reviewed the errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the Agreement published with this Decision is varied as such.

1. The variations will operate from the date on which the Agreement commences operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A