DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Home Timber & Hardware Group Pty Ltd
(AG2015/7100)

HOME TIMBER & HARDWARE GROUP PTY LTD NEW SOUTH WALES DISTRIBUTION CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2015-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2016

Application for approval of the Home Timber & Hardware Group Pty Ltd New South Wales Distribution Centre Employees Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Home Timber & Hardware Group Pty Ltd New South Wales Distribution Centre Employees Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Home Timber & Hardware Group Pty Ltd. 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] 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.

[5] The Agreement was approved on 27 January 2016 and, in accordance with s.54, will operate from 3 February 2016. The nominal expiry date of the Agreement is 24 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Home Timber & Hardware Group Pty Ltd sought approval for the New South Wales Distribution Centre Employees Enterprise Agreement 2015-2017. The agreement in question governs the employment terms and conditions for employees within the applicant's NSW distribution centres. The primary nature of the dispute centred on the adequacy of the proposed agreement in providing fair and reasonable terms for the employees, with particular attention to the balance between the interests of the employer and the workforce.

The legal issues the court was required to decide included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of ensuring that the agreement was free from coercion and undue influence, and whether it provided for the fair and reasonable terms and conditions of employment. The court also had to consider if the agreement was procedurally fair, ensuring that the employees had an opportunity to be involved in the negotiation process and that the terms of the agreement were not unfairly prejudicial to the employees.

The court reasoned that the proposed agreement was procedurally fair and did not contain any terms that were unfair or unreasonable. The applicant had demonstrated that the agreement was the product of genuine bargaining and that employees had an opportunity to be involved in the negotiation process. The court found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both the employer and the employees. The court concluded that the agreement was in compliance with the requirements of the Fair Work Act 2009, and therefore approved the Home Timber & Hardware Group Pty Ltd New South Wales Distribution Centre Employees Enterprise Agreement 2015-2017.

Home Timber & Hardware Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established