DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2015/1279)

RYDALMERE BLINDMAKER, AUSTRALIAN WINDOW FURNISHINGS DIVISION OF THE HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2015 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings Division of Hunter Douglas Limited Enterprise Agreement for the Period 2015 to 2016.

[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 2015 to 2016 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited, an entity in the window furnishings industry, sought approval for its proposed enterprise agreement, specifically for the Rydalmere Blindmaker, Australian Window Furnishings Division. The Fair Work Commission was tasked with evaluating the agreement under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions of employment were fair and reasonable, with particular attention to the balance of benefits and protections for employees against potential detriments.

The court examined several legal issues, including whether the agreement met the "better off overall test" as mandated by the Fair Work Act. This test requires that employees be no worse off financially and, ideally, better off overall. Additionally, the court assessed whether the agreement provided for procedural fairness, ensuring that employees had adequate opportunities to voice their concerns and participate in the decision-making process. The court also evaluated the agreement's compliance with minimum wage rates and other industrial standards.

The Fair Work Commission concluded that the proposed agreement was fair and reasonable. The court found that the agreement satisfied the better off overall test and provided adequate procedural fairness. The proposed terms and conditions did not lead to a detriment for employees, and the agreement aligned with minimum wage standards and other industrial benchmarks. The Commission approved the enterprise agreement, acknowledging the balance achieved between the interests of the employer and the workforce.

The Commission ordered the approval of the Hunter Douglas Limited Rydalmere Blindmaker, Australian Window Furnishings Division Enterprise Agreement for the period 2015 to 2016, effective from the date of the decision.

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