Hellers Australia Pty Ltd Summary

[2024] FWCA 3679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hellers Australia Pty Ltd

(AG2024/3621)

HELLERS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2024

Meat Industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 23 OCTOBER 2024

Application for approval of the Hellers Australia Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hellers 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 Hellers Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I note that there is a minor discrepancy between the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) and the Agreement. I am satisfied that this is a minor technical error within the meaning of s.188(5) of the Act and that employees were not likely to have been disadvantaged by the error. Accordingly, I propose to disregard the error.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 3.6 of the Agreement provides that where there is an inconsistency between this Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This clause addresses any potential concerns in relation to terms of the Agreement, including clause 12, which may be inconsistent with the provisions of the NES.

I note that Agreement at Clause 25.1 and Schedule C contain workplace delegates’ rights terms that are no less favourable than the delegates’ rights term in the relevant modern award.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 23 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved Hellers Australia Pty Ltd, a company, and its employees, represented by the United Voice Workers Union. The dispute centred on the proposed Enterprise Agreement for 2024, which the union sought to have approved by the Fair Work Commission. The matter was heard in the Fair Work Commission, a body with jurisdiction to make binding decisions on employment matters in Australia.

The central legal issues before the Commission were whether the proposed Enterprise Agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it complied with the ‘better off overall test’ and did not contain any provisions that were contrary to public policy or inconsistent with other statutory protections. The Commission also needed to determine if the agreement had been genuinely negotiated and if the appropriate consultation processes were followed.

The Commission examined the evidence and submissions from both parties, considering the economic and social impact of the proposed changes. It assessed the agreement against statutory provisions, particularly focusing on the financial implications for the employees. The Commission found that the agreement was fair and reasonable, met the better off overall test, and did not contravene any public policy considerations. The Commission also confirmed that the agreement was genuinely negotiated and that the consultation processes were adequate. Consequently, the Commission approved the Enterprise Agreement, finding it met all the necessary legal requirements.

The Fair Work Commission's decision was to approve the Hellers Australia Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement, which now governs the employment relationship between Hellers Australia Pty Ltd and its employees.

Hellers Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established