Hafele Australia Pty Ltd

[2020] FWCA 3023

[2020] FWCA 3023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hafele Australia Pty Ltd
(AG2020/1094)

HAFELE AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 10 JUNE 2020

Application for approval of the Hafele Australia Pty. Ltd. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hafele Australia Pty. Ltd. Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hafele Australia Pty Ltd. 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. The undertakings are taken to be a term of the Agreement.

[3] Hafele did not ensure that employees were given a copy of the Storage Services and Wholesale Award 2010 or ensure that employees had access to the Award throughout the access period. Although such is a failure by Hafele to take all reasonable steps to ensure the employees who would be covered by the Agreement had access to the material incorporated within it by reference, I am satisfied that such is explained by the fact this is a “roll-over” Agreement replacing an earlier one which similarly incorporated the Award. As a result, in the circumstances, I am satisfied that this constitutes minor procedural or technical errors for the purposes of s.188(2). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Form F18 Statutory Declaration filed by The United Workers' Union on 17 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2020. The nominal expiry date of the Agreement is 10 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A