DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A&L Windows Pty Ltd
(AG2017/4986)

A & L WINDOWS & AWU ENTERPRISE AGREEMENT 2017 – 2020

Manufacturing and associated industries
COMMISSIONER SAUNDERS	MELBOURNE, 11 DECEMBER 2017

Application for approval of the A & L Windows & AWU Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the A & L Windows & AWU Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A&L Windows Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

A & L Windows Pty Ltd, represented by its directors, applied to the Fair Work Commission for approval of the A & L Windows & AWU Enterprise Agreement 2017 - 2020. The Australian Workers' Union, which represents employees, opposed the application. The disagreement centred on whether the agreement complied with the Fair Work Act 2009 in terms of employee protections and procedural fairness.

The central legal issue before the Commission was whether the agreement met the statutory requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness of the bargaining process. The Commission had to examine if the union had genuinely represented the employees during the negotiations and if the agreement provided adequate protections to the employees.

The Commission concluded that the agreement was procedurally sound and met the statutory requirements. It found that the union had genuinely represented the employees, and the agreement provided adequate protections, including terms related to wages, working conditions, and dispute resolution mechanisms. The Commission determined that the agreement was fair and reasonable, and approved it. The final orders included the approval of the enterprise agreement, ensuring that it would be applicable to the employees of A & L Windows Pty Ltd for the specified period.

A&L Windows Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established