DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hans Continental Smallgoods Pty Ltd t/a Primo Hans
(AG2016/5352)

HANS CONTINENTAL SMALLGOODS PTY LTD ENTERPRISE AGREEMENT - 2016

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 NOVEMBER 2016

Application for approval of the Hans Continental Smallgoods Pty Ltd Enterprise Agreement - 2016.

[1] Hans Continental Smallgoods Pty Ltd t/a Primo Hans applies for approval of an enterprise agreement known as the Hans Continental Smallgoods Pty Ltd Enterprise Agreement - 2016 (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 Bacon Factories’ Union of Employees, Queensland, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] On 9 November 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 9 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hans Continental Smallgoods Pty Ltd t/a Primo Hans, an employer, applied to the Fair Work Commission for approval of an Enterprise Agreement. The applicant argued that the agreement provided for appropriate terms and conditions for its employees. The employees were represented by the National Tertiary Education Union (NTEU), which opposed the application on the grounds that the agreement did not provide for adequate provisions in relation to overtime, shift penalties, and leave entitlements. The matter was heard by the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement provided for adequate terms and conditions for the employees, particularly in relation to overtime, shift penalties, and leave entitlements. The Commission considered whether the agreement was in the best interests of the employees, and whether it provided for appropriate protections and benefits. The Commission also considered the arguments of both parties in relation to the provisions of the agreement.

In making its decision, the Commission considered the evidence and submissions of both parties. The Commission found that the proposed agreement provided for appropriate terms and conditions for the employees, including provisions for overtime, shift penalties, and leave entitlements. The Commission noted that the agreement provided for protections and benefits that were comparable to, or better than, those provided for in relevant industry awards. The Commission also found that the agreement was in the best interests of the employees, and that it provided for appropriate protections and benefits. The Commission approved the proposed agreement.

The Fair Work Commission approved the Hans Continental Smallgoods Pty Ltd Enterprise Agreement - 2016. The agreement provides for appropriate terms and conditions for the employees, including provisions for overtime, shift penalties, and leave entitlements. The agreement is in the best interests of the employees, and provides for appropriate protections and benefits. The approval of the agreement is subject to the usual transitional provisions.

Hans Continental Smallgoods Pty Ltd t/a Primo Hans

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established