Hella Australia Pty Ltd

[2024] FWCA 4289

[2024] FWCA 4289

The attached document replaces the document previously issued with the above code on Wednesday 4 December 2024.

The industry is updated from “Manufacturing and associated industries" to “Storage Services and Wholesale” on page 1.

Dated Thursday 5 December 2024.

[2024] FWCA 4289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hella Australia Pty Ltd

(AG2024/4491)

HELLA AUSTRALIA PTY LTD - ENTERPRISE AGREEMENT 2024

Storage Services and Wholesale
COMMISSIONER REDFORD	MELBOURNE, 4 DECEMBER 2024

Application for approval of the HELLA Australia Pty Ltd - Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the HELLA Australia Pty Ltd – Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hella Australia Pty Ltd (Hella). The Agreement is a single enterprise agreement.

Typographical error

1. In its application, Hella drew the Commission’s attention to a reference appearing at clause 2 and 4 of the Agreement, incorrectly describing the relevant Award as being made in “2010” instead of “2020”. I propose to exercise my power pursuant to s 218A(2)(b) of the Act to correct this obvious error. Accordingly, the Agreement is varied such that the references in clauses 2 and 4 to “2010” is amended to read “2020”.

Undertakings

1. Hella 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. 

Interaction with the National Employment Standards

1. Hella has provided an undertaking in relation to the interaction between the Agreement and the National Employment Standards (NES) – the NES precedence clause. This undertaking, which is taken to be a term of the Agreement pursuant to s 191(1) of the Act, provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency. 

1. On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:    

1. The circumstances in which an employee is entitled to take carer’s leave, provided for at clause 16.1(b) of the Agreement may not encompass all of the circumstances contemplated by s 97(b) of the Act;

2. The circumstances in which an employee is entitled to take compassionate leave, provided for at clause 18.2 of the Agreement may not encompass all of the circumstances contemplated by s 104 of the Act.

Consideration

1. 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.

1. The United Workers Union (UWU) 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 UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527054  PR782018>

ANNEXURE A