DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hella Australia Pty Ltd
(AG2017/3084)

HELLA AUSTRALIA PTY LTD - AFTERMARKET DIVISION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the HELLA Australia Pty Ltd - Aftermarket Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the HELLA Australia Pty Ltd - Aftermarket Division Enterprise Agreement 2017 (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 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] The National Union of Workers 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 was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hella Australia Pty Ltd, the applicant, sought approval of the HELLA Australia Pty Ltd - Aftermarket Division Enterprise Agreement 2017. The respondent, the Automotive, Metals and Engineering Employees Union, opposed the application, asserting that the agreement failed to meet certain legal standards. The case involved a dispute over the terms and conditions of employment for workers in the aftermarket division of Hella Australia.

The primary legal issues revolved around whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, including the requirement for a genuine agreement and compliance with the better off overall test. The union argued that the agreement did not meet these criteria, while the applicant contended that it had negotiated in good faith and that the agreement was beneficial overall.

The Fair Work Commission, after considering the evidence and arguments presented, determined that the agreement was genuine and met the better off overall test. The Commission found that the applicant had engaged in genuine negotiations and that the agreement provided a fair and reasonable outcome for the employees. The union's objections were rejected, and the application for approval was granted. Consequently, the HELLA Australia Pty Ltd - Aftermarket Division Enterprise Agreement 2017 was approved.

The Commission made an order approving the enterprise agreement, subject to the terms and conditions set out in the decision. The agreement was deemed to be in effect from the date of the decision, providing a legally binding framework for the employment relationship between Hella Australia and its employees in the aftermarket division.

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