Howe and Company Pty Ltd Summary

[2021] FWCA 6837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howe and Company Pty Ltd
(AG2021/8259)

HOWE LEATHER ENTERPRISE BARGAINING AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Howe Leather Enterprise Bargaining Agreement 2021

[1] Howe and Company Pty Ltd has made an application for approval of an enterprise agreement known as the Howe Leather Enterprise Bargaining Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The United Workers' Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

[5] The Agreement was approved on 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by Howe and Company Pty Ltd for approval of the Howe Leather Enterprise Bargaining Agreement 2021. The dispute involved the terms and conditions of employment for workers within the leather industry, specifically those employed by Howe and Company Pty Ltd. The Commission was tasked with determining whether the proposed agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement satisfied the statutory criteria for approval, including the provisions for minimum wages, penalty rates, and other employment terms. Additionally, the Commission needed to consider whether the agreement adequately protected the rights of employees and whether it had been negotiated in good faith. The Commission also had to examine whether the agreement complied with the 'better off overall test', ensuring that employees would not be worse off financially under the new agreement.

After reviewing the application and the submissions from both parties, the Commission determined that the Howe Leather Enterprise Bargaining Agreement 2021 met the necessary criteria for approval. The Commission found that the agreement provided fair and reasonable terms for the employees, including appropriate wage increases and penalty rates. The Commission also concluded that the agreement had been negotiated in good faith and satisfied the 'better off overall test'. As a result, the Commission approved the proposed agreement, ensuring that it would provide better working conditions and protections for the employees of Howe and Company Pty Ltd.

The Commission's decision was based on a thorough analysis of the agreement's provisions and their compliance with the relevant legal standards. By approving the Howe Leather Enterprise Bargaining Agreement 2021, the Commission upheld the balance between the rights of employers and employees, ensuring a fair and equitable outcome for all parties involved.

Howe and Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established