DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hettich Holdings Pty Ltd T/A Hettich Australia
(AG2016/4323)

HETTICH AUSTRALIA WAREHOUSE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Hettich Australia Warehouse Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hettich Australia Warehouse Agreement 2016the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hettich Holdings Pty Ltd T/A Hettich Australia. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement was approved on 20 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hettich Holdings Pty Ltd, trading as Hettich Australia, applied to the Fair Work Commission for approval of the Hettich Australia Warehouse Agreement 2016. The dispute centred on whether the proposed agreement, which aimed to regulate the terms and conditions of employment for warehouse workers, complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining the fairness of the agreement, considering factors such as the balance of power between the parties, the rights and obligations of employees and employers, and whether the agreement met the "better off overall test."

The primary legal issues before the Commission were whether the proposed agreement adequately protected the rights of the employees, if it was fair and reasonable, and if it met the statutory requirements under the Fair Work Act 2009. The Commission needed to assess the fairness of the agreement in light of the parties' bargaining power and the substantive provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Hettich Australia Warehouse Agreement 2016 was fair and reasonable. The Commission concluded that the agreement provided adequate protections for employees, balanced the rights and obligations of both parties, and met the "better off overall test." The Commission noted that the agreement was the product of genuine bargaining and was not coerced. The Commission also found that the proposed agreement did not disadvantage any employees, and that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Hettich Australia Warehouse Agreement 2016, effective from the date of the decision. The approval of the agreement means that it will apply to the employees covered by the agreement, providing certainty and stability in the terms and conditions of their employment. The decision also sets a precedent for similar agreements in the industry, providing guidance for future bargaining and agreement-making processes.

Hettich Holdings Pty Ltd 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