Hanes Australia Pty Ltd
[2022] FWCA 2745
•12 AUGUST 2022
| [2022] FWCA 2745 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hanes Australia Pty Ltd
(AG2022/3075)
Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2022
| Storage services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 12 AUGUST 2022 |
Application for approval of the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanes Australia Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
I note that Clause 18.2.2 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The United Workers’ Union, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
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