| [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
Printed by authority of the Commonwealth Government Printer
<AE517006 PR744769>
Annexure A
- AGLC
- Hanes Australia Pty Ltd [2022] FWCA 2745
- Case
- [2022] FWCA 2745
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement was genuinely negotiated and whether the process leading to its formation was fair. The Commission examined the evidence presented by both parties to determine if the agreement was made without coercion, duress, or any other form of improper influence. Additionally, the Commission assessed whether the agreement provided adequate protections for employees and whether it complied with the statutory requirements for a valid enterprise agreement.
The Commission concluded that the agreement was genuinely negotiated and approved it, finding that the process was fair and did not involve any improper conduct. The Commission noted that the agreement contained provisions that adequately protected employees and met the necessary statutory criteria. The opposition from the United Workers Union did not provide sufficient grounds to reject the application for approval. Consequently, the application was successful, and the Enterprise Agreement 2022 was approved.
The Fair Work Commission issued an order approving the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2022, effective from the date of the Commission’s decision. The Commission also mandated that the agreement be registered with the Fair Work Commission.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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