Hanes Australia Pty Ltd

Case [2025] FWCA 3306
[2025] FWCA 3306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hanes Australia Pty Ltd

(AG2025/3170)

HANES AUSTRALIA PTY LTD AND UNITED WORKERS UNION TRUGANINA DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025

Retail industry

COMMISSIONER TRAN

MELBOURNE, 1 OCTOBER 2025

Application for approval of the Hanes Australia Pty Ltd And United Workers Union Truganina Distribution Centre Enterprise Agreement 2025

  1. Hanes Australia Pty Ltd has applied for approval of an enterprise agreement known as the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

  1. The Agreement is a single enterprise agreement.

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

    ·   Clause 18.2.2 – Notice of termination

    ·   Clause 29.3 – Annual leave

    ·   Clause 30.1.2 – Personal/Carer’s leave

    ·   Clause 30.2.1.1 - Personal/carer’s leave (Sick leave entitlement)

  1. Clause 7 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Employer 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The United Workers Union (UWU) 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 UWU.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 October 2025.

  1. In accordance with clause 3, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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ANNEXURE A

Details
AGLC
Hanes Australia Pty Ltd [2025] FWCA 3306
Case
[2025] FWCA 3306
Decision Date

CaseChat Overview and Summary

Hanes Australia Pty Ltd applied for approval of an enterprise agreement with the United Workers Union at the Fair Work Commission. The proposed agreement aimed to regulate employment terms and conditions for workers at the Truganina Distribution Centre. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions, whether it had been made in good faith, and whether it contained a genuine bargain. The Union argued that the agreement did not adequately protect workers' rights and entitlements, while the company maintained that it was fair and balanced.

The Commission found that the agreement was compliant with the statutory requirements. It was determined that the agreement provided for minimum terms and conditions, had been made in good faith, and contained a genuine bargain. The Commission also noted that the agreement included provisions for dispute resolution and protected the rights of employees. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The Commission ordered the registration of the Hanes Australia Pty Ltd And United Workers Union Truganina Distribution Centre Enterprise Agreement 2025, effective from the date of the decision. This decision allows the agreement to operate as a legally binding document governing the employment terms and conditions of workers at the Truganina Distribution Centre.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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