DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hugo Boss Australia Pty Ltd T/A Hugo Boss
(AG2019/468)

HUGO BOSS WAREHOUSE ENTERPRISE AGREEMENT

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2019

Application for approval of the HUGO BOSS Warehouse Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the HUGO BOSS Warehouse Enterprise Agreement (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 29 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hugo Boss Australia Pty Ltd, trading as HUGO BOSS, applied to the Fair Work Commission for approval of the HUGO BOSS Warehouse Enterprise Agreement. The application arose from the need to formalise the terms and conditions of employment for warehouse staff under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was genuinely agreed upon by both parties.

The central legal issues the court had to address were whether the agreement contained all the required terms as per the Fair Work Act, and whether it was genuinely an enterprise agreement. This included scrutiny of the agreement's provisions on wages, hours of work, leave, and other employment conditions, as well as the process by which the agreement was negotiated and signed. Additionally, the court examined whether there was adequate representation of the employees during the negotiation process and whether the agreement was free from any coercive practices.

In its reasoning, the court noted that the HUGO BOSS Warehouse Enterprise Agreement contained all the necessary terms as stipulated by the Fair Work Act. The court found that the agreement was negotiated in good faith and that there was no evidence of any unfair labour practices or coercion. The agreement was found to provide fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the bargaining positions of both parties. The court concluded that the agreement met all the legal requirements for approval.

Accordingly, the Fair Work Commission approved the HUGO BOSS Warehouse Enterprise Agreement, determining that it was a genuine enterprise agreement that provided fair and reasonable terms and conditions for the employees. This decision confirmed the legal validity of the agreement, ensuring that it would govern the employment relationship between HUGO BOSS and its warehouse staff.

Hugo Boss Australia Pty Ltd T/A Hugo Boss

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established