DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2016/1527)

RYDALMERE BLINDMAKER, AUSTRALIAN WINDOW FURNISHINGS DIVISION OF HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2016 TO 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2016 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2016 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Douglas Limited. 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. 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.

[3] The Australian Workers’ Union 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 was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited applied to the Fair Work Commission for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2016 to 2018. The application was brought by the company, which was the employer, and the Australian Manufacturing Workers' Union, which represented the employees. The application was brought under the Fair Work Act 2009.

The central issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements of the Act, particularly in terms of its fairness and the manner in which it was negotiated. The Commission had to consider whether the agreement provided for appropriate mechanisms for resolving workplace issues and whether it adequately protected employees' rights and interests.

The Commission found that the agreement contained provisions that were fair and reasonable, including provisions for resolving workplace issues and protecting employee rights. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate mechanisms for resolving disputes. The Commission also found that the agreement provided for appropriate safeguards to protect employees' rights and interests. Based on these findings, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2016 to 2018. The Commission found that the agreement was fair and reasonable and provided for appropriate mechanisms for resolving workplace issues and protecting employee rights and interests. The Commission also found that the agreement had been negotiated in good faith.

Hunter Douglas Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established