DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Douglas Limited
(AG2017/3945)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2017 TO 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2017 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2017 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 Applicant 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Douglas Limited applied to the Fair Work Commission for the approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2017 to 2019. The applicant sought to have the agreement approved for the purpose of section 235 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the agreement did not meet the "better off overall test" (BOOT) and contained provisions that were contrary to public policy.

The legal issues the court was required to decide were whether the agreement was a "single, direct and effective means of securing improved conditions of employment" and whether it complied with the "good faith" requirement under the Fair Work Act. The court also had to consider whether any provisions in the agreement contravened public policy.

In determining whether the agreement met the BOOT, the court examined the evidence presented by both parties. The applicant argued that the agreement provided for significant improvements in wages and conditions for employees, while the union argued that the agreement did not provide for adequate protection of employees' rights. After considering the evidence, the court found that the agreement did meet the BOOT. The court also found that the agreement complied with the good faith requirement and did not contravene public policy. The court approved the agreement, subject to certain modifications.

The court made orders approving the Hunter Douglas Limited Central Operations Enterprise Agreement, with modifications to certain provisions. The agreement was approved for the period 2017 to 2019, subject to the modifications made by the court. The modifications related to provisions concerning the calculation of overtime rates and the handling of grievances. The court also made orders ensuring that the agreement would not be used to undermine the rights of employees.

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