Hallmark Cards Australia Pty Ltd

[2014] FWCA 6247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hallmark Cards Australia Pty Ltd
(AG2014/7357)

HALLMARK CARDS AUSTRALIA LTD ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 9 SEPTEMBER 2014

Application for approval of the Hallmark Cards Australia Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hallmark Cards Australia Ltd Enterprise Agreement 2014 (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 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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 9 September 2014 and, in accordance with s.54 of the Act, will operate from 16 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hallmark Cards Australia Pty Ltd, the Fair Work Commission was asked to determine whether to approve the Hallmark Cards Australia Ltd Enterprise Agreement 2014. The application was made by Hallmark Cards Australia Pty Ltd, and the Australian Services Union was a party to the agreement. The nature of the dispute was the approval of the enterprise agreement, which would govern the terms and conditions of employment for certain employees of Hallmark Cards Australia.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net and whether the agreement had been fairly and independently negotiated. Additionally, the Commission considered whether the agreement met the good faith bargaining requirement and if it had been certified by the Australian Building and Construction Commission.

The Fair Work Commission found that the Hallmark Cards Australia Ltd Enterprise Agreement 2014 met the necessary criteria for approval. The Commission was satisfied that the agreement provided terms and conditions that were not less favourable than the applicable award, and it had been fairly and independently negotiated. The Commission also determined that the good faith bargaining requirement had been met, and the agreement had been certified by the Australian Building and Construction Commission. Therefore, the Commission approved the agreement.

As a result of the Commission's decision, the Hallmark Cards Australia Ltd Enterprise Agreement 2014 was approved and will govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established