Hunter Douglas Limited

[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

Annexure A

CaseChat Overview and Summary

The applicants, Hunter Douglas Limited, sought approval of an enterprise agreement for their Rydalmere Blindmaker, Australian Window Furnishings division, covering the period from 2023 to 2025. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The Commission was tasked with determining whether the proposed agreement met the requirements of the Act, particularly regarding its fairness and its compliance with the relevant provisions.

The central legal issue before the Commission was whether the proposed agreement was fair and met the criteria for approval under the Fair Work Act. This involved assessing various aspects of the agreement, including its terms and conditions, and whether it provided for the proper regulation of workplace relations. Additionally, the Commission had to consider whether the agreement was free from any elements that could be deemed unfair or unjust.

In reaching its decision, the Commission examined the submissions from both the applicants and the respondents, as well as the evidence presented. The Commission found that the proposed agreement was fair and met all the statutory requirements for approval. It took into account the nature of the work, the bargaining positions of the parties, and the terms and conditions contained within the agreement. The Commission concluded that the agreement provided for appropriate protections for employees and was consistent with the principles of fairness and equity.

The Fair Work Commission approved the enterprise agreement for the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited, for the period from 2023 to 2025. The Commission determined that the agreement was fair and met all the necessary criteria under the Fair Work Act. This decision provides certainty for both the employer and employees regarding the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established