Hallmark Cards Australia Ltd

[2020] FWCA 4084

[2020] FWCA 4084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hallmark Cards Australia Ltd
(AG2020/1789)

HALLMARK CARDS AUSTRALIA LTD ENTERPRISE AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT CLANCY	MELBOURNE, 4 AUGUST 2020

Application for approval of the Hallmark Cards Australia Ltd Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Hallmark Cards Australia Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hallmark Cards Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Hallmark Cards Australia Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] Hallmark Cards Australia Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I sought the views of the bargaining representative and 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 a substantial change to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), 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) and based on the statutory declaration provided by the AMWU, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 11 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A