Hunter Douglas Limited
[2023] FWCA 3080
•22 SEPTEMBER 2023
| [2023] FWCA 3080 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hunter Douglas Limited
(AG2023/3045)
RYDALMERE BLINDMAKER, AUSTRALIAN WINDOW FURNISHINGS DIVISION OF HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2023 TO 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 22 SEPTEMBER 2023 |
Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2023 to 2025.
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 2023 to 2025 (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 (Employer). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
I note that the provisions of clause 13.6 concerning compassionate leave and clauses 15.3 and 18.4 concerning deductions from pay are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2023. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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