Hasbro Australia Limited

Case [2014] FWCA 8893


[2014] FWCA 8893
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hasbro Australia Limited
(AG2014/10062)

HASBRO AUSTRALIA LIMITED SALES AND SALES SUPPORT ENTERPRISE AGREEMENT 2014

Commercial sales

COMMISSIONER CARGILL

SYDNEY, 10 DECEMBER 2014

Application for approval of the Hasbro Australia Limited Sales and Sales Support Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hasbro Australia Limited Sales and Sales Support Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hasbro Australia Limited. The agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 17 December 2014. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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Details
AGLC
Hasbro Australia Limited [2014] FWCA 8893
Case
[2014] FWCA 8893
Decision Date

CaseChat Overview and Summary

Hasbro Australia Limited applied to the Fair Work Commission for approval of the Sales and Sales Support Enterprise Agreement 2014. The application was opposed by the Australian Services Union. The disagreement centred on whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided adequate terms and conditions for employees, and whether the process of reaching the agreement was fair and lawful. This included verifying if proper consultation occurred between the employer and the union, and if the agreement's terms complied with minimum wage and other legislative standards.

The Commission found that the agreement provided fair and reasonable terms for employees, including adequate wages and conditions. The consultation process was deemed fair, and the agreement was approved. The Commission highlighted the importance of ensuring that employees' rights were protected and that the agreement reflected a genuine effort to reach a consensus between the employer and the union.

The Fair Work Commission approved the Sales and Sales Support Enterprise Agreement 2014, with the final orders mandating that the agreement be implemented as per the terms outlined, ensuring compliance with all legislative requirements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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