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

[2022] FWCA 3090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3573)

H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H.A.G Import Corpn (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 11 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved H.A.G Import Corpn (Australia) Pty Ltd, an employer, and its employees. The dispute centred on the application for approval of the H.A.G Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2022. This agreement sought to outline the terms and conditions of employment for the employees. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement provided for a safety net of minimum entitlements for employees, if it contained provisions that allowed for flexibility in the workplace, and if it complied with the good faith bargaining requirements. The Commission also needed to determine whether the agreement was made in accordance with the process set out in the Fair Work Act and if it was fair and reasonable in all its terms.

The Commission found that the agreement adequately provided for a safety net of minimum entitlements and contained provisions that allowed for flexibility in the workplace. It was determined that the agreement was the product of good faith bargaining and was made in compliance with the statutory process. The Commission concluded that the agreement was fair and reasonable in all its terms, taking into account the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the H.A.G Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2022.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established