DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A&L Windows Pty Ltd
(AG2020/3989)

A & L WINDOWS & AWU ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 JANUARY 2021

Application for approval of the A & L Windows & AWU Enterprise Agreement 2020 - 2023.

[1] A&L Windows Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the A & L Windows & AWU Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 January 2021 and, in accordance with s 54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

A&L Windows Pty Ltd was a party in an application for the approval of the A & L Windows & AWU Enterprise Agreement 2020 - 2023. The application was brought before the Fair Work Commission, and the nature of the dispute was to obtain approval of the enterprise agreement that governs the terms and conditions of employment for the employees of A&L Windows Pty Ltd.

The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was made in good faith. The Commission was required to determine whether the agreement was a genuinely negotiated agreement, whether it provided for minimum terms and conditions of employment, and if it complied with the procedural requirements of the Act. Additionally, the Commission considered whether the agreement provided for the fair and equitable treatment of employees, including the protection of vulnerable workers.

The Fair Work Commission found that the A & L Windows & AWU Enterprise Agreement 2020 - 2023 was a genuinely negotiated agreement that met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for the minimum terms and conditions of employment and was made in good faith. The Commission also found that the agreement provided for the fair and equitable treatment of employees and protected vulnerable workers. As a result, the Commission approved the enterprise agreement, and it will now apply to the employees of A&L Windows Pty Ltd for the period of 2020 - 2023.

A&L Windows Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established