HäFele Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1232

ANNEXURE A

CaseChat Overview and Summary

In the case of Häfele Australia Pty Ltd, the applicant sought approval of an enterprise agreement known as the Häfele Australia Pty Ltd Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval, including whether it complied with sections 186, 187, 188, and 190 of the Act. The applicant also provided written undertakings to ensure that the agreement would not cause financial detriment to employees or result in substantial changes.

The key legal issues before the court involved verifying that the agreement was fairly chosen and met all statutory requirements for approval. Specifically, the court had to determine if the agreement was made in good faith and if it adhered to the provisions of the Fair Work Act. Additionally, the court considered whether the agreement appropriately covered the bargaining representative, the National Union of Workers, and if it included the model consultation term prescribed by the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement met all the necessary statutory requirements for approval. The Commission was satisfied that the applicant's written undertakings would not cause financial detriment to employees and would not result in substantial changes to the agreement. Furthermore, it was determined that the group of employees covered by the agreement was fairly chosen, despite the agreement not covering all employees of the employer. The court also noted that the agreement included the prescribed model consultation term and appropriately covered the bargaining representative.

As a result, the Fair Work Commission approved the Häfele Australia Pty Ltd Enterprise Agreement 2015. The agreement was set to operate from 3 March 2016, with a nominal expiry date of 25 February 2019.

HäFele Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established