Hunter Douglas Limited

[2023] FWCA 220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Douglas Limited

(AG2022/5438)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2022 TO 2024

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 20 JANUARY 2023

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2022 to 2024.

Hunter Douglas Limited (the Employer) has made an application for the approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2022 to 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Douglas Limited recently appeared before the Fair Work Commission in an application for the approval of their Central Operations Enterprise Agreement for the period spanning 2022 to 2024. The applicant, Hunter Douglas Limited, sought the endorsement of this agreement which outlines the terms and conditions of employment for its employees within the specified operations. The application was made under the Fair Work Act 2009, and the dispute primarily revolved around whether the proposed agreement met the requirements of the Act, particularly in terms of ensuring that it provided for fair and reasonable terms of employment.

The legal issues before the Commission included whether the proposed agreement satisfied the "better off overall test," which mandates that employees should be no worse off financially under the new agreement and, ideally, better off. Another key issue was whether the agreement contained provisions that were consistent with the Fair Work Act's objectives, including fair and reasonable terms, and whether it adhered to the lawful and authorised scope of the agreement. The Commission also examined whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

The Fair Work Commission, after thorough consideration, concluded that the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2022 to 2024 met the statutory requirements under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms of employment and satisfied the better off overall test. The Commission highlighted that the agreement included appropriate safeguards for employee interests and that it did not contravene any provisions of the Act. Consequently, the application for approval was successful.

The Commission's final orders included the approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2022 to 2024, ensuring that the agreement would now govern the employment terms and conditions for the employees within the specified operations. This decision underscores the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established