A & L Windows Pty Ltd

[2014] FWCA 8047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & L Windows Pty Ltd
(AG2014/7973)

A & L WINDOWS & AWU ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 NOVEMBER 2014

Application for approval of the A & L Windows & AWU Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the A & L Windows & AWU Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by A & L Windows Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, the views of The Australian Workers’ Union (AWU) with respect to this undertaking have been sought and I understand the AWU does not oppose the undertaking.

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

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 19 November 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, A & L Windows Pty Ltd applied for approval of the A & L Windows and AWU Enterprise Agreement 2014-2017. The Australian Workers' Union (AWU) was the other party to the agreement. The dispute centred on the terms of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was a "good faith" agreement and if it contained the "protector" provisions as mandated by the Fair Work Act. The court had to determine if the agreement was made in good faith and whether it contained the necessary "protector" provisions, which are designed to ensure that the agreement is fair and benefits the employees.

The court found that the application for approval was made in good faith and that the agreement contained the necessary "protector" provisions. The court approved the enterprise agreement, recognising that it met the requirements of the Fair Work Act. The court's decision was based on the evidence presented and the legal criteria established by the Fair Work Act.

The court ordered the approval of the A & L Windows & AWU Enterprise Agreement 2014-2017. This decision allowed the enterprise agreement to come into effect, providing a legally binding framework for the relationship between the company and the union. The approval ensured that the agreement would be recognised and enforceable in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established