Hunter Douglas Limited T/A Hunter Douglas Summary

[2013] FWCA 2872

FAIR WORK COMMISSION

DECISION

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

Hunter Douglas Limited T/A Hunter Douglas
(AG2013/6215)

RYDALMERE BLINDMAKER AUSTRALIAN WINDOW FURNISHINGS DIVISION OF HUNTER DOUGLAS LIMITED ENTERPRISE AGREEMENT FOR THE PERIOD 2013-2014

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 10 MAY 2013

Application for approval of the Rydalmere Blindmaker, Australian Window Furnishings division of Hunter Douglas Limited Enterprise Agreement for the Period 2013 to 2014 .

[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 2013 to 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hunter Douglas Limited trading as Hunter Douglas. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 May 2013. The nominal expiry date is 31 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited T/A Hunter Douglas, trading as the Rydalmere Blindmaker, applied for approval of its proposed Enterprise Agreement for the period 2013 to 2014 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement was in the interests of "better off overall" for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed agreement was in the interests of "better off overall" for the employees, as required by section 235 of the Fair Work Act. This involved assessing the proposed agreement against the "better off overall test", which required the Commission to consider whether the employees would be better off overall with the proposed agreement than they would be without it, having regard to the likely effect of the agreement on the employees' pay, conditions, or other benefits.

The Commission found that the proposed agreement was in the interests of "better off overall" for the employees. The Commission noted that the proposed agreement provided for a number of improvements to employees' pay and conditions, including increases to base rates of pay, additional holiday and leave entitlements, and improvements to shift arrangements. The Commission also noted that the proposed agreement included a mechanism for resolving disputes between the employer and employees, which would provide employees with greater protection than they would have under the applicable award. The Commission concluded that the proposed agreement was likely to have a positive effect on employees' pay, conditions, or other benefits, and that the employees would be better off overall with the proposed agreement than they would be without it.

The Commission approved the proposed agreement, which will now be binding on the employees and the employer for the period 2013 to 2014. The approval is subject to the terms and conditions of the agreement, which include provisions for the resolution of disputes between the employer and employees.

Hunter Douglas Limited T/A Hunter Douglas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established