DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hettich Australia A Limited Partnership T/A Hettich Australia
(AG2021/6163)

HETTICH AUSTRALIA WAREHOUSE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 JULY 2021

Application for approval of the Hettich Australia Warehouse Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hettich Australia Warehouse Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hettich Australia A Limited Partnership T/A Hettich Australia applied to the Fair Work Commission for approval of an enterprise agreement, the Hettich Australia Warehouse Agreement 2021. The application was made under the Fair Work Act 2009, and the relevant parties included Hettich Australia, the employer, and the warehouse employees, represented by the National Tertiary Education Union. The dispute centred on whether the agreement complied with the requirements of the Act and whether it was appropriate to approve it as a single enterprise agreement, given the specific nature of the warehouse operations.

The legal issues before the Commission included whether the agreement met the statutory criteria for approval, including whether it was free from prohibited content, and whether it was an appropriate tool for simplifying and modernising the industrial relations system. The Commission also needed to determine whether the agreement would result in employees being worse off overall and whether it complied with the good faith bargaining requirements. The union argued that the agreement did not adequately protect employee rights, while Hettich Australia contended that the agreement was fair and reasonable.

The Commission found that the agreement did not contain any prohibited content and was consistent with the objectives of the Act. The agreement was found to be an appropriate tool for simplifying and modernising the industrial relations system. The Commission also concluded that the agreement would not result in employees being worse off overall and that it complied with the good faith bargaining requirements. The Commission approved the agreement, noting that it provided for appropriate protections for employees and balanced the interests of both parties. The decision was made in the context of the unique nature of the warehouse operations, and the Commission considered it appropriate to approve the agreement as a single enterprise agreement.

The Fair Work Commission approved the Hettich Australia Warehouse Agreement 2021, subject to certain conditions. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms of the agreement. The Commission also ordered that the agreement would be in effect from the date of registration and would remain in force until it was terminated or replaced by a new agreement. The decision was final and binding, and the parties were required to comply with the terms of the agreement.

Hettich Australia A Limited Partnership T/A 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