Hanes Australia Pty Ltd
[2021] FWCA 505
•2 FEBRUARY 2021
| [2021] FWCA 505 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hanes Australia Pty Ltd
(AG2021/37)
HANES AUSTRALIA PTY LTD AND UNITED WORKERS UNION TRUGANINA DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2020
Storage services | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 2 FEBRUARY 2021 |
Application for approval of the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2020.
[1] Hanes Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Hanes Australia Pty Ltd and United Workers Union Truganina Distribution Centre Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] Since the application was made, the Commission raised a concern about whether the Agreement passes the better off overall test.
[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be terms of the Agreement.
[4] On the basis of the material contained in the application and the Undertaking, 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 United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
[6] The Agreement was approved on 2 February 2021 and, in accordance with s.54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 30 June 2022.
DEPUTY PRESIDENT
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Annexure A
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