Hunter Douglas Limited Summary

[2014] FWCA 8479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2014/7918)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2014 TO 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2014 to 2015.

[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 2014 to 2015 (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 4 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited applied for the approval of its Central Operations Enterprise Agreement, covering the period from 2014 to 2015, before the Fair Work Commission. The application was opposed by various unions and the Australian Manufacturing Workers’ Union. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it contained the mandated minimum terms and conditions of employment.

The Commission carefully reviewed the negotiation process and found that the agreement had been genuinely negotiated between Hunter Douglas Limited and the relevant unions. It examined the evidence provided by both parties and concluded that the negotiation process was transparent and fair. The Commission also assessed whether the agreement contained the minimum terms and conditions as stipulated by the Fair Work Act. After scrutinising the agreement's provisions, the Commission found that it met all the necessary requirements.

In light of these findings, the Fair Work Commission approved the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2014 to 2015. The Commission was satisfied that the agreement had been genuinely negotiated and contained the mandated minimum terms and conditions. This decision ensures that the agreement is legally binding and enforceable for the specified period.

Hunter Douglas Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established