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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Hallmark Cards Australia Ltd for approval of the Hallmark Cards Australia Ltd Enterprise Agreement 2020. The application involved multiple unions representing employees within the company. The unions had raised various objections to certain clauses in the agreement, which prompted the need for judicial scrutiny to ensure the agreement was fair and compliant with the applicable industrial laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including provisions related to employee wages, conditions of employment, and other related matters.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the Fair Work Act 2009, and specifically, whether it met the requirements for "independent" approval as outlined in the Act. The unions argued that certain clauses in the agreement did not adequately protect employee rights and entitlements, and therefore, the agreement should not be approved. The company, on the other hand, maintained that the agreement was fair and balanced, providing necessary protections for both employees and the business.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, found that the enterprise agreement did indeed meet the criteria for independent approval. The Commission held that the agreement was fair and balanced, providing adequate protections for employees while also allowing the company to operate efficiently. The Commission emphasised that it was satisfied that the agreement had been negotiated in good faith and that it did not contain any provisions that would be detrimental to the employees' interests. Consequently, the application for approval was successful.

The Fair Work Commission approved the Hallmark Cards Australia Ltd Enterprise Agreement 2020, thereby ensuring that it would come into effect as a legally binding document governing the employment conditions of the relevant employees. This decision upheld the company's right to negotiate and enter into an enterprise agreement that balances the interests of both the employees and the business.

Hallmark Cards Australia Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established