Hunter Douglas Limited T/A Hunter Douglas Summary

[2013] FWCA 2871

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
(AG2013/6214)

HUNTER DOUGLAS LIMITED CENTRAL OPERATIONS ENTERPRISE AGREEMENT FOR THE PERIOD 2012-2014

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 10 MAY 2013

Application for approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the Period 2012 to 2014.

[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 2012 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 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Douglas Limited T/A Hunter Douglas brought an application before the Fair Work Commission for the approval of the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2012 to 2014. The agreement was proposed as a certified agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union, which raised concerns about the implications of the proposed agreement on employees' working conditions.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the "better off overall test" and whether it contained all the prescribed minimum terms and conditions. The Commission also considered whether the proposed agreement was in the public interest, taking into account the impact on employees and the overall fairness of the agreement.

The Commission found that the agreement was compliant with the statutory requirements and met the "better off overall test." It included all the prescribed minimum terms and conditions and was deemed to be in the public interest. The Commission highlighted that the agreement provided a balance of interests between the employer and the employees, ensuring fair and reasonable terms. The opposition raised by the union was not sufficient to override the overall benefits the agreement provided to the employees.

In light of the findings, the Fair Work Commission approved the Hunter Douglas Limited Central Operations Enterprise Agreement for the period 2012 to 2014. The agreement was certified as a protected action agreement, effective from the date of the Commission's decision. The union's opposition was dismissed, and the agreement was upheld as a fair and reasonable document that met the statutory requirements under the Fair Work Act 2009.

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