Hunter Douglas Limited

[2022] FWCA 2916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Douglas Limited

(AG2022/3351)

Rydalmere Blindmaker, Australian Window Furnishings Division of Hunter Douglas Limited Enterprise Agreement for the Period 2022 to 2023

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2022

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2022 to 2023.

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 2022 to 2023 (Agreement). The application was made by Hunter Douglas Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2022. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Hunter Douglas Limited applied for the approval of an enterprise agreement for the Rydalmere Blindmaker, Australian Window Furnishings division for the period 2022 to 2023 under section 185 of the Fair Work Act 2009. The Australian Workers’ Union objected to the application on the basis that certain provisions of the agreement may be inconsistent with the National Employment Standards. The applicant, Hunter Douglas Limited, provided written undertakings that the more beneficial entitlements of the NES would prevail where there is an inconsistency between the agreement and the NES. The Commissioner was satisfied that the effect of accepting the Undertakings was not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.

The Commission considered whether the application met the requirements of sections 186, 187, 188 and 190 of the Act as they were relevant to the application for approval of the Agreement. The Commission was satisfied that the requirements were met. The Australian Workers’ Union had given notice that it wanted the Agreement to cover it and the Agreement was approved. The agreement will operate from 1 September 2022 and the nominal expiry date is 31 March 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established