DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers Union
(AG2019/4093)

H.A.G. IMPORT CORPN. (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2019. The application was made pursuant to s.185 of the Fair Work Act 2009 by the United Workers Union.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the agreement.

[3] With 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, United Workers Union sought approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2019. The union argued that the agreement provided fair and reasonable terms for the employees, while the employer contested several provisions, claiming they were overly restrictive and not in line with business needs.

The legal issues before the Commission centred on whether the terms of the agreement were fair and reasonable under the Fair Work Act 2009. Specifically, the employer challenged the provisions related to working hours, shift patterns, and the use of subcontractors, arguing they imposed undue restrictions on operational flexibility and were not justified by the needs of the business.

The Commission examined the arguments from both parties, considering the principles of fairness and reasonableness. It found that while some provisions were indeed restrictive, they were necessary to ensure employees received fair compensation and protection from unreasonable demands. The Commission concluded that the overall agreement provided fair and reasonable terms for the employees and approved the enterprise agreement. The employer was directed to implement the agreement as approved.

United Workers Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established