Howe & Company Pty Ltd

[2013] FWCA 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howe & Company Pty Ltd
(AG2013/6135)

HOWE LEATHER ENTERPRISE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Howe Leather Enterprise Bargaining Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Howe Leather Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Howe & Company Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 22.2.2 and 23.4 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Howe & Company Pty Ltd was before the Fair Work Commission, where the company sought approval of the Howe Leather Enterprise Bargaining Agreement 2013. The agreement proposed changes to the terms and conditions of employment for the company's employees, including variations to wages, hours of work, and other employment conditions. The dispute centred around whether the proposed changes complied with the requirements of the Fair Work Act 2009 and whether they were fair and reasonable in the circumstances.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it provided for a process for resolving disputes, and whether it was consistent with the objectives of the Fair Work Act. The Commission also had to consider whether the agreement was in the best interests of the employees and the company, and whether it provided for a fair and reasonable outcome for all parties.

In its decision, the Commission found that the agreement met the requirements of the Fair Work Act and provided for a safety net of minimum wages and conditions. The Commission also found that the agreement provided for a process for resolving disputes and was consistent with the objectives of the Fair Work Act. The Commission considered that the agreement was in the best interests of the employees and the company, and provided for a fair and reasonable outcome for all parties. The Commission approved the agreement and made orders for its registration.

The decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act and provide for a fair and reasonable outcome for all parties. It also underscores the role of the Fair Work Commission in approving enterprise agreements and resolving disputes between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established