DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howe and Company Pty Ltd T/A Howe Leather
(AG2018/6029)

HOWE LEATHER ENTERPRISE BARGAINING AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2019

Application for approval of the Howe Leather Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Howe Leather Enterprise Bargaining 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 Howe and Company Pty Ltd T/A Howe Leather. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Howe and Company Pty Ltd T/A Howe Leather applied to the Fair Work Commission for approval of the Howe Leather Enterprise Bargaining Agreement 2018. The agreement was made between the employer and the employees of Howe Leather, represented by the Australian Manufacturing Workers' Union. The dispute involved the terms and conditions of employment under the proposed agreement, including matters such as wages, working hours, and leave entitlements. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the prescribed minimum terms and conditions specified by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement had been made in good faith and whether it complied with the statutory requirements for enterprise bargaining. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it was fair and reasonable.

The Fair Work Commission found that the agreement contained all the prescribed minimum terms and conditions. It concluded that the agreement had been made in good faith and complied with the statutory requirements for enterprise bargaining. The Commission determined that the agreement was in the best interests of the employees and was fair and reasonable. Consequently, the Commission approved the Howe Leather Enterprise Bargaining Agreement 2018.

The Fair Work Commission approved the Howe Leather Enterprise Bargaining Agreement 2018, finding it met all legal requirements. The agreement was endorsed as it contained all prescribed minimum terms and conditions, was made in good faith, and was fair and reasonable. The Commission's decision provided clarity on the terms of employment and the rights and obligations of both the employer and the employees under the new agreement.

Howe and Company Pty Ltd T/A Howe Leather

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established