HäFele Australia Pty Ltd

[2016] FWCA 1232

[2016] FWCA 1232

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Häfele Australia Pty Ltd

(AG2016/152)

HӒFELE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Storage services

COMMISSIONER ROE MELBOURNE, 25 FEBRUARY 2016

Application for approval of the Häfele Australia Pty Ltd Enterprise Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Häfele Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Häfele

Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2]        The Applicant 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5]        The “National Union of Workers’’ (NWU) 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.
[2016] FWCA 1232

[6]        The Agreement was approved on 25 February 2016 and, in accordance with s.54, will

operate from 3 March 2016. The nominal expiry date of the Agreement is 25 February 2019.

COMMISSIONER

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[2016] FWCA 1232

ANNEXURE A