Henkel Australia Pty Ltd

[2023] FWCA 1523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Henkel Australia Pty Ltd

(AG2023/1352)

HENKEL AUSTRALIA PTY LTD SEVEN HILLS SITE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2023

Application for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2023 (Agreement).

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.

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 United Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Henkel Australia Pty Ltd applied to the Fair Work Commission for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2023. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms and conditions of employment for workers at the Seven Hills site, specifically regarding hours of work, penalty rates, and redundancy entitlements. The Fair Work Commission, presided over by Deputy President K M Craddock, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act 2009. The AMWU argued that the agreement did not adequately protect employees' hours of work, penalty rates, and redundancy entitlements, thereby failing to meet the statutory requirements for approval. Henkel Australia Pty Ltd, on the other hand, contended that the agreement was fair and reasonable and provided for the best possible terms and conditions of employment for the workforce.

After considering the submissions and evidence presented by both parties, Deputy President K M Craddock found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for reasonable hours of work, penalty rates, and redundancy entitlements, and that it complied with the relevant provisions of the Fair Work Act 2009. The Deputy President approved the agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2023. The AMWU's objections were dismissed, and the agreement was approved as meeting the statutory requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established