DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freudenberg Home and Cleaning Solutions Pty Ltd
(AG2020/3948)

FHCS AUSTRALIA VICTORIA WAREHOUSE ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JANUARY 2021

Application for approval of the FHCS Australia Victoria Warehouse Enterprise Agreement 2020.

[1] Freudenberg Home and Cleaning Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the FHCS Australia Victoria Warehouse Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 January 2021 and, in accordance with s 54, will operate from 13 January 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President J. A. Davies, was tasked with deciding whether to approve the FHCS Australia Victoria Warehouse Enterprise Agreement 2020. The application for approval was submitted by Freudenberg Home and Cleaning Solutions Pty Ltd (Freudenberg), and the dispute involved the proposed terms and conditions of employment for warehouse workers under the agreement.

The central legal issues before the commission were whether the proposed agreement provided for the employees' pay and conditions in a fair and reasonable manner and whether it met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided for minimum rates of pay, reasonable working hours, and adequate leave entitlements, and whether it complied with the principles of good faith bargaining and the best interests of the employees.

The commission found that the proposed agreement did provide for the employees' pay and conditions in a fair and reasonable manner. The agreement included provisions for minimum rates of pay, reasonable working hours, and adequate leave entitlements, and the commission was satisfied that it met the criteria for approval under the Act. The commission also found that the agreement had been negotiated in good faith and was in the best interests of the employees. Consequently, the commission approved the FHCS Australia Victoria Warehouse Enterprise Agreement 2020.

No further orders were made by the commission. The agreement was approved as presented, and it will now form the basis of the terms and conditions of employment for the affected employees.

Freudenberg Home and Cleaning Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established