DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henkel Australia Pty Ltd T/A Henkel
(AG2020/2925)

HENKEL AUSTRALIA PTY LTD SEVEN HILLS SITE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2020 (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 T/A Henkel. 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] The United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Henkel Australia Pty Ltd, trading as Henkel, which sought approval for their Seven Hills Site Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for the employees working at the Seven Hills site. The court had to consider whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was made in good faith, whether it contained appropriate processes for resolving disputes, and if it included adequate mechanisms for the protection of employees' rights. Additionally, the court needed to assess if the agreement provided fair and reasonable terms for the employees and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission, in its decision, found that the agreement was made in good faith and contained adequate dispute resolution processes. The court also noted that the agreement included provisions that were fair and reasonable for the employees, and it complied with the Fair Work Act. The Commission emphasised the importance of ensuring that employees' rights were protected and that the agreement facilitated a productive and harmonious workplace. As a result, the Commission approved the Seven Hills Site Enterprise Agreement 2020.

The Fair Work Commission approved the Seven Hills Site Enterprise Agreement 2020, subject to the specific conditions and terms outlined in the decision. The approval was granted based on the finding that the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

Henkel Australia Pty Ltd T/A Henkel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established