Hanna Group Pty Limited T/A Hannapak

[2013] FWCA 3959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanna Group Pty Limited T/A Hannapak
(AG2013/1102)

HANNAPAK ENTERPRISE AGREEMENT 2012-2015

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 20 JUNE 2013

Application for approval of the Hannapak Enterprise Agreement 2012-2015.

[1] An application has been made for the approval of an enterprise agreement known as the Hannapak Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] Undertakings have been provided by Hanna Group Pty Ltd in relation to the cashing out of annual leave and the wage rates payable under the Agreement (see attachment A). The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[5] 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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2013. The nominal expiry date of the Agreement is 6 December 2015.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hanna Group Pty Limited, trading as Hannapak, the Fair Work Commission was tasked with approving the proposed Enterprise Agreement between the company and its employees for the period 2012-2015. The application was brought forth by the employer, seeking formal endorsement of the negotiated terms and conditions set out in the agreement. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it was fair and reasonable for all parties involved.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether the terms of the agreement were procedurally and substantively fair. This involved examining the agreement's adherence to the provisions concerning the negotiation process, as well as the specific terms and conditions it proposed, including wages, working hours, leave entitlements, and other employment-related matters. The Commission had to ensure that the agreement was not only lawfully negotiated but also equitable and just in its implications for both the employer and the employees.

The Commission meticulously reviewed the negotiation process and the content of the proposed agreement, assessing compliance with the mandatory requirements under the Fair Work Act. It was determined that the negotiation process was conducted in good faith and that the agreement was the product of genuine bargaining. The terms of the agreement were found to be fair and reasonable, taking into account the economic and operational context of the employer. The Commission concluded that the agreement met the statutory criteria and approved it, thus endorsing the proposed terms and conditions for the specified period. This decision provided legal certainty and stability for both the employer and the employees, ensuring that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established