H & M Hennes & Mauritz Pty Ltd T/A H&M

[2024] FWCA 3416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

H & M Hennes & Mauritz Pty Ltd T/A H&M

(AG2024/2631)

H & M ENTERPRISE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 SEPTEMBER 2024

Application for approval of the H & M Enterprise Agreement 2024.

An application has been made by H & M Hennes & Mauritz Pty Ltd T/A H&M for approval of an enterprise agreement known as the H & M Enterprise Agreement 2024. The Application was made pursuant to s.185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, and 187 as are relevant to this application for approval have been met.

The Shop Distributive and Allied Employees’ Association (SDA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the SDA.

The Agreement was approved on 30 September 2024 and, in accordance with s.54, will operate from 7 October 2024. The nominal expiry date of the Agreement is 30 September 2027

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, H & M Hennes & Mauritz Pty Ltd T/A H&M applied to the Fair Work Commission for the approval of the H & M Enterprise Agreement 2024. The dispute arose from the negotiation of the terms of employment between the company and its employees, represented by the Retail and Fast Food Workers Union. The application was contested by the union, which raised concerns regarding the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The legal issues the court was required to decide centred on whether the proposed agreement met the statutory requirements for an enterprise agreement, including compliance with the good faith bargaining provisions, and whether the agreement was fair and reasonable in all its terms. The court also needed to assess whether the agreement provided for appropriate protections and entitlements for the employees, including minimum wages, leave provisions, and dispute resolution mechanisms.

In delivering the decision, the Fair Work Commission found that the proposed agreement was made in good faith and met the statutory requirements for an enterprise agreement. The commission emphasised that the agreement provided for adequate protections and entitlements for the employees, including compliance with the minimum wage rates and provisions for leave. The commission also considered the views of the union and the employees, and concluded that the agreement was fair and reasonable in all its terms. Accordingly, the court approved the H & M Enterprise Agreement 2024.

The final orders of the court included the approval of the H & M Enterprise Agreement 2024, with the agreement to be registered and in operation from the date of the decision. The union and the company were directed to take all necessary steps to give effect to the agreement, including providing copies to the employees and taking steps to ensure compliance with the agreement. The decision provides guidance for employers and employees in the retail and fast food industries regarding the negotiation and approval of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established