DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2019/5086)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2019 TO 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 FEBRUARY 2020

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2019 to 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2019 to 2021(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hunter Douglas Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 24 January 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2010), and that the undertakings will not result in substantial changes to the Agreement

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Douglas Limited applied for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2019 to 2021. The application was made by Hunter Douglas Limited, and the Fair Work Commission heard the matter. The dispute was between Hunter Douglas Limited, an employer, and a number of their employees who were represented by the Australian Manufacturing Workers' Union.

The legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees. The key issue was whether the agreement contained all the terms and conditions that were required to be included, such as minimum wages, hours of work and overtime, and whether it complied with the 'better off overall test'. The Commission had to consider whether the agreement provided employees with terms and conditions that were no worse than, and at least as good as, those provided under the relevant awards.

The Fair Work Commission found that the Hunter Douglas Limited Central Operations Enterprise Agreement met all the requirements of the Fair Work Act 2009 and was in the interests of the employees. The agreement contained all the required terms and conditions and complied with the 'better off overall test'. The Commission concluded that the agreement provided employees with terms and conditions that were no worse than, and at least as good as, those provided under the relevant awards. The Fair Work Commission approved the agreement.

The Fair Work Commission made an order approving the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2019 to 2021. The agreement was to be registered and would have effect from the date of the order. The approval was subject to the terms and conditions of the agreement and the Fair Work Act 2009.

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