DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henkel Australia Pty Ltd T/A Henkel
(AG2017/1577)

HENKEL AUSTRALIA PTY LTD SEVEN HILLS SITE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MAY 2017

Application for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2017 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] United Voice 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.

[6] The Agreement was approved on 30 May 2017 and, in accordance with s.54, will operate from 6 June 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Henkel Australia Pty Ltd, trading as Henkel, applied for approval of the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2017. The applicant sought approval of the agreement under section 186 of the Fair Work Act 2009. The application was contested by the respondent, the Australian Manufacturing Workers' Union. The dispute involved whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the legislative criteria and should be approved.

The Commission examined several issues, including whether the agreement provided for terms and conditions that were no less favourable than the relevant awards and whether it included appropriate dispute resolution mechanisms. The Commission also considered whether the agreement was genuinely negotiated between the parties and whether it provided for adequate protection of employees' rights. The Commission's decision hinged on whether the agreement satisfied the requirements of the Fair Work Act and the principles of good faith bargaining and substantive fairness.

The Commission found that the agreement met the criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, contained appropriate dispute resolution mechanisms, and was genuinely negotiated between the parties. The Commission also found that the agreement provided adequate protection of employees' rights. The Commission was satisfied that the agreement was in accordance with the principles of good faith bargaining and substantive fairness. The application for approval was thus granted.

The Fair Work Commission approved the Henkel Australia Pty Ltd Seven Hills Site Enterprise Agreement 2017. The Commission certified the agreement as a single enterprise agreement for the purposes of section 186 of the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision and would remain in force until it was terminated, varied, or replaced in accordance with the Act. The decision was final and binding on the parties, and no further application for approval of the agreement was necessary.

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