DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henkel Australia Pty Ltd
(AG2021/6657)

HENKEL AUSTRALIA KILSYTH ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the Henkel Australia Kilsyth Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Henkel Australia Kilsyth Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Henkel 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. 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

The case before the Fair Work Commission involved Henkel Australia Pty Ltd, an employer, and the Retail and Fast Food Workers Union, representing the employees. The dispute centred around the approval of the Henkel Australia Kilsyth Enterprise Agreement 2021-2024. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement was genuinely negotiated, free from improper conduct, and complied with the procedural requirements.

The key legal issues before the Commission included verifying that the agreement was genuinely negotiated between the employer and the union, and that it was free from any improper conduct that could undermine the negotiation process. The Commission also had to assess whether the union had followed proper procedures in seeking approval of the agreement and whether the agreement complied with the Fair Work Act's requirements. Specifically, the Commission needed to consider whether the agreement provided for appropriate minimum terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act.

In examining the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and was free from any improper conduct. The union had followed the necessary procedural requirements in seeking approval, and the agreement complied with the statutory provisions. The Commission was satisfied that the agreement provided for appropriate minimum terms and conditions of employment, and it was consistent with the principles of the Fair Work Act. Therefore, the Commission approved the Henkel Australia Kilsyth Enterprise Agreement 2021-2024.

The final orders of the Commission were that the Henkel Australia Kilsyth Enterprise Agreement 2021-2024 was approved, and it would be registered by the Registrar of the Fair Work Commission. The agreement would then apply to the employees covered by the agreement, and the terms and conditions set out in the agreement would govern their employment.

Henkel 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