Hallmark Cards Australia Ltd

[2022] FWCA 3155

[2022] FWCA 3155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hallmark Cards Australia Ltd

(AG2022/3370)

Hallmark Cards Australia Ltd Enterprise Agreement 2022

Graphic Arts
COMMISSIONER SCHNEIDER	PERTH, 9 SEPTEMBER 2022

Application for approval of the Hallmark Cards Australia Ltd Enterprise Agreement 2022

1. Hallmark Cards Australia Ltd has made an application for the approval of an enterprise agreement known as the Hallmark Cards Australia Ltd Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. 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.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. While the application is generally in order, employees did not receive a copy of the incorporated Award (Graphics Arts General Award 2000).[1] However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman,[2] I am satisfied that this constitutes a minor procedural or technical error for the purposes of section 188(2)(a) of the Act and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. I note that; the Agreement is a rollover from previous agreements, many employees subject to the Agreement have significant tenure with the Respondent and were involved in bargaining for the preceding agreements, and the Australian Manufacturing Workers’ Union (the Union) is in support of the approval. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of section 188(2) of the Act.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wishes to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Union, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

[1] AP782505CR.

[2] [2019] FWCFB 318.

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