Henkel Australia Pty Ltd Summary

[2014] FWCA 4817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henkel Australia Pty Ltd
(AG2014/6150)

HENKEL AUSTRALIA PTY LTD SEVEN HILLS SITE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

Application for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 1 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Henkel Australia Pty Ltd applied for the approval of the Seven Hills Site Enterprise Agreement 2014. The respondent, the National Tertiary Education Union, opposed the application, arguing that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission, presided over by Commissioner McCabe. The central issue before the Commission was whether the enterprise agreement satisfied the procedural and substantive requirements set out in the Fair Work Act. The respondent argued that the agreement did not comply with the procedural requirements of section 231 of the Act, as it was not formed in good faith, and the bargaining was not genuinely aimed at making an agreement. Additionally, the respondent argued that the agreement failed to meet the substantive requirements of the Act, as it did not provide for the proper operation of relevant industrial instruments.

The Commission held that the agreement was formed in good faith and that the bargaining process was genuinely aimed at making an agreement. The Commission found that the employer had made a genuine effort to reach an agreement and that the agreement reflected the outcome of the bargaining process. The Commission also found that the agreement complied with the substantive requirements of the Act, including the proper operation of relevant industrial instruments. The Commission approved the enterprise agreement, stating that it met the requirements of the Act. The Commission found that the agreement provided for the proper operation of relevant industrial instruments and that it did not have an adverse impact on employees' terms and conditions of employment. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both parties.

The Commission approved the enterprise agreement and ordered that it be registered and made binding on the parties. The Commission found that the agreement was in compliance with the requirements of the Fair Work Act and that it was fair and reasonable. The Commission also found that the agreement provided for the proper operation of relevant industrial instruments and that it did not have an adverse impact on employees' terms and conditions of employment. The Commission's decision was based on a detailed analysis of the evidence and the provisions of the Fair Work Act. The Commission held that the agreement was formed in good faith and that the bargaining process was genuinely aimed at making an agreement. The Commission also found that the agreement complied with the substantive requirements of the Act, including the proper operation of relevant industrial instruments. The Commission approved the enterprise agreement and ordered that it be registered and made binding on the parties.

Henkel Australia Pty Ltd

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