DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2018/5459)

RYDALMERE BLINDMAKER, AUSTRALIAN WINDOW FURNISHINGS DIVISION OF HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2018 TO 2019

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 16 APRIL 2019

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the period 2018 to 2019.

[1] 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 2018 to 2019 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Douglas Limited, an employer in the window furnishings industry, applied for approval of an enterprise agreement covering its Rydalmere Blindmaker, Australian Window Furnishings division employees for the period 2018 to 2019. The Fair Work Commission heard the matter. The crux of the dispute revolved around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including provisions on minimum entitlements, the process for reaching the agreement, and its overall fairness.

The court had to determine if the agreement met the statutory criteria, such as ensuring it provided for minimum entitlements set out in modern awards and national workplace determinations, and if it was properly negotiated. The court also had to assess whether the agreement was genuinely negotiated and if it was made in good faith, as well as whether it was fair and reasonable in all its terms. Additionally, the court examined if the agreement had been properly registered with the Fair Work Ombudsman.

The Fair Work Commission found that the agreement met all statutory requirements. It was concluded that the agreement was genuinely negotiated between the parties, made in good faith, and was fair and reasonable. The court noted that the agreement provided for minimum entitlements and adhered to the procedural fairness requirements. The Commission approved the enterprise agreement, highlighting its compliance with all relevant legal standards. The approval was issued, allowing the agreement to come into effect.

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