DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawa Dane Pty Ltd ATF Hawa Dane Unit Trust T/A Empire Office Furniture
(AG2018/7100)

EMPIRE OFFICE FURNITURE DC ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Empire Office Furniture DC Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Empire Office Furniture DC Enterprise 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 Hawa Dane Pty Ltd ATF Hawa Dane Unit Trust T/A Empire Office Furniture. 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 National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hawa Dane Pty Ltd, trading as Empire Office Furniture, applied to the Fair Work Commission for approval of the Empire Office Furniture DC Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers Union, representing employees who were not satisfied with the terms of the proposed agreement. The central dispute was whether the agreement met the statutory requirements under the Fair Work Act 2009 for being registered and protected from further industrial action.

The key legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been fairly negotiated. The Commission also had to determine whether the agreement was in the best interests of the employees and if it provided a safety net for them. The applicant argued that the agreement was comprehensive and fair, while the union contended that the agreement did not sufficiently protect employees' rights and conditions.

The Fair Work Commission, after considering the evidence and submissions from both parties, concluded that the proposed agreement met all the statutory requirements. The Commission found that the agreement included all the mandatory terms and had been negotiated in good faith. It was also satisfied that the agreement provided a safety net for employees and was in their best interests. Consequently, the Commission approved the Empire Office Furniture DC Enterprise Agreement 2018, allowing it to be registered and protected from further industrial action.

The final orders of the Commission were that the Empire Office Furniture DC Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. This decision concluded the application and resolved the dispute between the applicant and the union regarding the terms of the proposed enterprise agreement.

Hawa Dane Pty Ltd ATF Hawa Dane Unit Trust T/A Empire Office Furniture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established