DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hunter Douglas Limited
(AG2020/3872)

RYDALMERE BLINDMAKER, AUSTRALIAN WINDOW FURNISHINGS DIVISION OF HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2020 TO 2022

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JANUARY 2021

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2020 to 2022.

[1] An application has been made for the approval of an enterprise agreement known as the Rydalmere Blindmaker, Australian Window Furnishings Division of Hunter Douglas Limited Enterprise Agreement for the period 2020 to 2022 (‘the Agreement’). The application was made by Hunter Douglas Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited, an entity in the Australian window furnishings industry, filed an application for the approval of an enterprise agreement. The agreement in question pertains to the Rydalmere Blindmaker, a division within the Australian Window Furnishings sector of Hunter Douglas. This application was heard in the Fair Work Commission of Australia, where the central issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement, which was the outcome of negotiations between the company and the employees' representatives, contained terms and conditions that were fair and reasonable for the workforce.

The legal issues before the Commission involved scrutinising whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the process by which the agreement was made and the substantive fairness of the terms. The Commission had to determine if the agreement was genuinely negotiated, if it contained the necessary minimum terms, and if it satisfied the "better off overall test". Furthermore, the Commission needed to assess whether the agreement was in the best interests of the employees and if it provided an effective safety net for workers.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement had been genuinely negotiated and contained all the required minimum terms. The Commission concluded that the agreement was fair and reasonable, meeting the "better off overall test". It found that the proposed agreement provided an effective safety net and was in the best interests of the employees. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the application for approval of the enterprise agreement for the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited, for the period 2020 to 2022, be granted. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the Commission's decision.

Hunter Douglas Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established