DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hettich Australia
(AG2019/375)

HETTICH AUSTRALIA WAREHOUSE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 JULY 2019

Application for approval of the Hettich Australia Warehouse Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hettich Australia Warehouse Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hettich Australia. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Hettich Australia and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the application for approval of the Hettich Australia Warehouse Agreement 2018. The Fair Work Commission (FWC) was tasked with deciding the matter. The primary legal issue was whether the agreement met the statutory criteria for approval as a modern award under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for terms and conditions of employment that were no less favourable than the applicable award, and if it complied with the good faith bargaining requirements.

The Commission considered whether the agreement provided for adequate minimum wages and conditions, including provisions for overtime, penalty rates, leave entitlements, and other benefits. It also assessed whether the agreement contained terms that were necessary to facilitate the efficient operation of the workplace and did not undermine the rights of employees. The FWC further examined the process of bargaining between the parties to ensure it was conducted in good faith, as required by the Act. After a detailed review of the agreement and the bargaining process, the FWC found that the agreement met the statutory requirements for approval.

Consequently, the FWC approved the Hettich Australia Warehouse Agreement 2018. The decision confirmed that the agreement provided for terms and conditions that were no less favourable than the applicable award and was the product of genuine negotiations between the parties. The Commission also noted that the agreement included provisions that were necessary for the efficient operation of the workplace and did not undermine the rights of employees. This decision provided clarity for both Hettich Australia and the AMWU regarding the approved terms and conditions of employment under the new agreement.

Hettich Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established