DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanes Australia Pty Ltd
(AG2018/705)

HANES AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT (TRUGANINA) 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Hanes Australia Pty Ltd and National Union of Workers Enterprise Agreement (Truganina) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hanes Australia Pty Ltd and National Union of Workers Enterprise Agreement (Truganina) 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanes Australia Pty Ltd sought approval for a new enterprise agreement, known as the Hanes Australia Pty Ltd and National Union of Workers Enterprise Agreement (Truganina) 2017, from the Fair Work Commission. The application was brought by the company to formalise the terms and conditions of employment for its employees at the Truganina site. The National Union of Workers, representing the employees, contested the application on the basis that the agreement did not meet the requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to determine if the agreement was made in good faith and involved genuine bargaining. Substantively, it was necessary to assess whether the terms and conditions of the agreement were fair and reasonable, taking into account various statutory criteria, including those related to minimum wages, parental leave, and penalty rates.

The Commission found that the agreement was made in good faith and involved genuine bargaining as the parties had engaged in extensive discussions and negotiations. The substantive terms of the agreement were also considered fair and reasonable, satisfying all statutory criteria. The Commission was satisfied that the agreement provided for appropriate wage rates, conditions for parental leave, and adequate penalty rates, among other things. As such, the application for approval was granted, and the agreement was registered as a registered agreement under the Act.

The Commission ordered that the Hanes Australia Pty Ltd and National Union of Workers Enterprise Agreement (Truganina) 2017 be approved and registered, effective from the date of the decision. This decision ensures that the employees covered by the agreement would benefit from the terms and conditions set out in the newly approved enterprise agreement.

Hanes Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established