Hugo Boss Australia Pty Ltd T/A Hugo Boss

[2025] FWCA 278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hugo Boss Australia Pty Ltd T/A Hugo Boss

(AG2024/5223)

HUGO BOSS ENTERPRISE AGREEMENT 2024

Retail industry
COMMISSIONER YILMAZ	MELBOURNE, 23 JANUARY 2025

Application for approval of the HUGO BOSS Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the HUGO BOSS Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hugo Boss Australia Pty Ltd T/A Hugo Boss. The Agreement is a single enterprise agreement.

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

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

The Shop, Distributive and Allied Employees Association 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.
The Agreement is approved and in accordance with s.54, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hugo Boss Australia Pty Ltd trading as Hugo Boss, sought the Fair Work Commission's approval of the HUGO BOSS Enterprise Agreement 2024. The dispute centred around the proposed terms and conditions of employment for employees within the company, as outlined in the agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement contained all the mandatory terms required by the Fair Work Act, ensuring it was free from prohibited content, and verifying that the agreement had been fairly negotiated. Additionally, the Commission had to consider whether the agreement provided a safety net that was no less favourable than the applicable awards or registered agreements, and whether it complied with the provisions concerning genuine bargaining.

The Commission found that the proposed agreement met all the mandatory requirements and did not contain any prohibited content. It was concluded that the agreement had been genuinely negotiated and provided a safety net that was at least as favourable as the applicable awards. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the application for approval was granted, and the HUGO BOSS Enterprise Agreement 2024 was approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established