DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2015/6804)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2015 TO 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 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 Hunter Douglas Limited. 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 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.

[5] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Douglas Limited, an employer in the manufacturing and retail sectors, applied to the Fair Work Commission for the approval of the Hunter Douglas Limited Central Operations Enterprise Agreement, which covered the period from 2015 to 2017. The applicant sought to have the agreement certified as a modern award, a process that requires the Commission to be satisfied that the agreement is appropriate, fair and bargainable. The application was opposed by several trade unions representing employees within the enterprise. The unions argued that the agreement did not provide adequate protections for employees and contained terms that were not fairly negotiated.

The legal issues before the Commission included whether the agreement contained appropriate provisions for minimum wages and conditions, whether the agreement had been fairly negotiated, and whether the agreement met the requirements for certification as a modern award. The Commission considered submissions from both the applicant and the unions, including evidence about the bargaining process and the content of the agreement. The Commission also considered the impact of the agreement on employees, including whether it provided adequate protections and whether it was likely to promote harmonious, productive and cooperative workplace relations.

In delivering its decision, the Commission found that the agreement contained appropriate provisions for minimum wages and conditions and that it had been fairly negotiated. The Commission also found that the agreement met the requirements for certification as a modern award. The Commission rejected the unions' arguments that the agreement did not provide adequate protections for employees and that it contained terms that were not fairly negotiated. The Commission was satisfied that the agreement provided adequate protections for employees and that it was likely to promote harmonious, productive and cooperative workplace relations. The Commission certified the agreement as a modern award, effective from the date of the decision.

The Commission's final orders included the certification of the Hunter Douglas Limited Central Operations Enterprise Agreement as a modern award, effective from the date of the decision. The Commission also made orders regarding the application of the agreement to employees and employers, including provisions for transition and the resolution of disputes. The Commission's decision provides guidance for employers and employees in the manufacturing and retail sectors regarding the requirements for modern awards and the process for bargaining and certifying agreements.

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