DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H.A.G. Wholesalers (Australia) Unit Trust T/A H.A.G Import Corpn. (Australia) Pty Ltd
(AG2016/1466)

H.A.G. IMPORT CORPN. (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2016.

[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 2016 (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. Wholesalers (Australia) Unit Trust T/A H.A.G. Import Corpn. (Australia) Pty Ltd. 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] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 11 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was to approve an enterprise agreement made between H.A.G Import Corporation (Australia) Pty Ltd and its employees, as represented by the Shop, Distributive and Allied Employees' Association. The agreement, if approved, would apply to approximately 130 employees engaged in various roles including sales, purchasing, and warehouse operations across three sites in New South Wales. The dispute arose when the employees' representative sought to have the agreement approved by the Commission, following unsuccessful negotiations between the parties.

The legal issues before the Commission included whether the agreement met the formal requirements for approval under the Fair Work Act 2009, and whether the agreement provided for fair and reasonable terms and conditions. Specifically, the Commission had to consider whether the agreement complied with the statutory minimum entitlements, including the standard hours of work, rates of pay, and provisions for overtime and penalty rates. Additionally, the Commission assessed whether the agreement was made in good faith and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

In determining the application, the Commission first confirmed that the agreement satisfied all formal requirements for approval. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and did not result in employees being worse off overall. The agreement included provisions for standard hours of work, rates of pay, and the payment of overtime and penalty rates, which aligned with the statutory minimum entitlements. The Commission also noted that the agreement included mechanisms for the resolution of workplace disputes, which were deemed appropriate. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the H.A.G Import Corporation (Australia) Pty Ltd Enterprise Agreement 2016, effective from 1 April 2016. This approval ensures that the agreement, which provides for fair and reasonable terms and conditions for the employees, will apply to the relevant workforce.

H.A.G. Wholesalers (Australia) Unit Trust T/A H.A.G Import Corpn. (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established