James Hardie Australia Pty Ltd Summary

[2014] FWCA 4808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

James Hardie Australia Pty Ltd
(AG2014/1426)

JAMES HARDIE AUSTRALIA PTY LIMITED ROSEHILL PRODUCTION & DISTRIBUTION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

Application for approval of the James Hardie Australia Pty Limited Rosehill Production & Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the James Hardie Australia Pty Limited Rosehill Production & Distribution Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by James Hardie Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 8 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

James Hardie Australia Pty Ltd applied to the Fair Work Commission for approval of the James Hardie Australia Pty Limited Rosehill Production & Distribution Enterprise Agreement 2014. The application arose from the company's desire to implement certain changes to the enterprise agreement, including amendments to provisions related to work arrangements, shift patterns, and employee entitlements. The Australian Manufacturing Workers' Union opposed the application, arguing that the proposed changes were not in the best interests of the employees and did not comply with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed changes were in the best interests of the employees and whether the application complied with the statutory requirements for enterprise agreement approval. The Commission had to consider the impact of the changes on the employees, the bargaining process, and the overall fairness of the agreement. Additionally, the Commission needed to ensure that the application met the procedural and substantive requirements set out in the Fair Work Act.

The Fair Work Commission found that the proposed changes were in the best interests of the employees and that the application complied with the statutory requirements. The Commission noted that the changes were the result of good-faith negotiations between the parties and that the employees had been adequately consulted throughout the process. The Commission also found that the changes would result in improved work arrangements and better outcomes for the employees. As a result, the Commission approved the application and certified the amended enterprise agreement.

The Fair Work Commission certified the James Hardie Australia Pty Limited Rosehill Production & Distribution Enterprise Agreement 2014, as amended, under section 173 of the Fair Work Act 2009. The amended agreement will now be in effect for the specified period, providing a framework for the employment relationship between the company and its employees. The Commission's decision ensures that the changes are implemented in a fair and balanced manner, taking into account the interests of both the employer and the employees.

James Hardie Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established