Hella Australia Pty Ltd

[2014] FWCA 4840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hella Australia Pty Ltd
(AG2014/6802)

HELLA AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 JULY 2014

Application for approval of the HELLA Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HELLA Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hella Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 17.11(e) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] Subject to this undertaking I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, The Australian Workers’ Union, National Union of Workers and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 25 July 2014.The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the matter of an application for the approval of the Hella Australia Pty Ltd Enterprise Agreement 2014, the Australian Industrial Relations Commission was called upon to consider the fairness of the proposed agreement. The application was made by the employer, Hella Australia Pty Ltd, seeking to have the agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers covered by the agreement, which aimed to establish a new framework for remuneration, working conditions, and other employment aspects. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the legislation.

The central legal issues before the Commission were whether the agreement was "better off overall" for the employees, and whether it adhered to the "no disadvantage test." This required the Commission to evaluate the provisions of the proposed agreement against the existing awards and conditions, and to ensure that the agreement did not disadvantage employees relative to their prior entitlements. Additionally, the Commission had to consider whether the agreement contained provisions that were procedurally fair and in compliance with the Fair Work Act.

The Commission examined the evidence presented by both the employer and the employee representatives, including submissions on the economic and non-economic benefits of the agreement. The Commission found that the proposed agreement provided for a fair and reasonable outcome for the employees, with appropriate consideration of their interests. It determined that the agreement was better off overall for the employees, as it provided for increased remuneration and other benefits that outweighed any potential disadvantages. The Commission also concluded that the agreement complied with the no disadvantage test and was procedurally fair. Therefore, the Commission approved the Hella Australia Pty Ltd Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established