DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hella Australia Pty Ltd
(AG2020/1750)

HELLA AUSTRALIA PTY LTD - ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 7 JULY 2020

Application for approval of the HELLA Australia Pty Ltd - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the HELLA Australia Pty Ltd - Enterprise Agreement 2020 (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. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 14 July 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hella Australia Pty Ltd, represented by its employer, applied for approval of the Hella Australia Pty Ltd – Enterprise Agreement 2020. The applicant, Hella Australia Pty Ltd, sought to finalise the enterprise agreement after negotiations with the United Voice union, which represented the employees. The union contested certain provisions of the agreement, arguing they did not meet the requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory criteria for an enterprise agreement. Specifically, the union questioned whether the agreement provided adequate protections for employees in terms of wages, conditions, and dispute resolution mechanisms. The Commission had to consider whether the agreement met the 'better off overall test' and whether it provided for minimum entitlements as outlined in the Fair Work Act.

The Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement provided for minimum entitlements and was better off overall for the employees, including provisions for wages, conditions, and dispute resolution. The Commission emphasised that the agreement included provisions for fair and reasonable terms that aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the application for the enterprise agreement.

As a result of the decision, the Fair Work Commission approved the Hella Australia Pty Ltd – Enterprise Agreement 2020. This decision concluded the legal dispute between the employer and the union, allowing the agreement to come into effect. The union's objections were not sufficient to prevent the approval of the agreement, and the employer's application was successful.

Hella Australia 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