A&L Windows (Qld) Pty Ltd

[2013] FWCA 9892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A&L Windows (Qld) Pty Ltd
(AG2013/11894)

A & L WINDOWS QUEENSLAND ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2013

Application for approval of the A & L Windows Queensland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the A & L Windows Queensland Enterprise Agreement 2014 (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 (Qld) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 25 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A&L Windows (Qld) Pty Ltd recently faced an application before the Fair Work Commission, seeking approval for the A & L Windows Queensland Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for employees of A&L Windows within Queensland, with the company arguing that the agreement should be approved as it provided a fair and reasonable balance of benefits and obligations for both employees and the employer.

The central legal issues before the commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly whether the agreement met the "better off overall test" (BOOT), which requires that the employees be at least as well off financially under the agreement as they would be under the applicable award or safety net. The commission also considered whether the agreement adhered to the procedural requirements set forth in the Fair Work Act, including the need for genuine bargaining and compliance with the Fair Work (Registered Organisations) Act 2009.

After reviewing the submissions from both parties and the evidence presented, the commission found that the A&L Windows Queensland Enterprise Agreement 2014 was compliant with the relevant statutory requirements. The commission was satisfied that the agreement provided employees with a BOOT, offering them a mix of wage increases, improved working conditions, and additional benefits that outweighed any potential disadvantages. Furthermore, the commission confirmed that the agreement had been genuinely bargained and that the procedural requirements had been met. Consequently, the application for approval was successful.

The Fair Work Commission approved the A&L Windows Queensland Enterprise Agreement 2014, effective from the date of the decision. The commission's approval was based on the conclusion that the agreement met the necessary legal standards, provided a fair and reasonable balance for the employees, and adhered to the procedural requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established