DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanna Group Pty Limited T/A Hannapak
(AG2016/332)

HANNAPAK ENTERPRISE AGREEMENT 2015-2018

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COMMISSIONER LEE	MELBOURNE, 22 APRIL 2016

Application for approval of the Hannapak Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hannapak Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanna Group Pty Limited T/A Hannapak. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2016. The nominal expiry date of the Agreement is 6 December 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the recent decision of Hanna Group Pty Limited T/A Hannapak, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The applicant, Hanna Group, sought the endorsement of the Hannapak Enterprise Agreement 2015-2018. The respondent, the union representing the employees, contested the application on several grounds, primarily challenging the fairness and compliance of the proposed agreement.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for being considered a "single interest" agreement. The respondent argued that the agreement did not adequately protect employee interests, particularly concerning redundancy provisions, and that it failed to ensure fair treatment of certain employee groups. Additionally, the union contended that the process leading to the agreement was flawed, alleging insufficient consultation and engagement with the employee representatives.

After thorough examination of the evidence and arguments presented, the Commission found that the agreement was fair and balanced. The Commission noted that the provisions regarding redundancy were consistent with industry standards and provided adequate protections for employees. Furthermore, the Commission concluded that the process leading to the agreement was appropriate, with sufficient evidence of genuine consultation and engagement with the employee representatives. Consequently, the application was approved, and the Hannapak Enterprise Agreement 2015-2018 was endorsed.

The Commission's approval of the application was based on its finding that the agreement met the statutory requirements and was in the best interests of the employees. The decision underscores the importance of ensuring that enterprise agreements are both fair and compliant with the legislative framework, while also recognising the need for flexibility in the bargaining process.

Hanna Group Pty Limited T/A Hannapak

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established