DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hans Continental Smallgoods Pty Ltd
(AG2017/1578)

HANS CONTINENTAL SMALLGOODS PTY LTD (WACOL) MAINTENANCE EMPLOYEES AGREEMENT – 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 MAY 2017

Application for approval of the Hans Continental Smallgoods Pty Ltd (Wacol) Maintenance Employees Agreement - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hans Continental Smallgoods Pty Ltd (Wacol) Maintenance Employees Agreement - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hans Continental Smallgoods Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Energy, Information Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 3 June 2017. The nominal expiry date of the Agreement is 3 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hans Continental Smallgoods Pty Ltd, sought the approval of the Hans Continental Smallgoods Pty Ltd (Wacol) Maintenance Employees Agreement - 2017 by the Fair Work Commission. The matter arose due to a dispute between the company and its maintenance employees over the terms of their employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act. This involved assessing whether the agreement was made by an enterprise, dealt with matters relevant to the employees, and was made without undue influence or coercion. Additionally, the Commission needed to consider whether the agreement met the requirements for majority support among the employees and if the negotiation process complied with the procedural fairness standards.

The Commission found that the agreement was genuine and met all the statutory requirements. It was concluded that the agreement was made by an enterprise, covered matters relevant to the employees, and was supported by a majority of the employees. Furthermore, the negotiation process was deemed to be fair and compliant with the relevant provisions of the Fair Work Act. The Commission approved the agreement, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Hans Continental Smallgoods Pty Ltd (Wacol) Maintenance Employees Agreement - 2017. The Commission found that the agreement was genuine and met all the statutory requirements under the Fair Work Act. The Commission concluded that the agreement was made by an enterprise, covered relevant matters, and was supported by a majority of the employees. Additionally, the negotiation process was found to be fair and compliant with the procedural fairness standards.

Hans Continental Smallgoods 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