DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors Pty Ltd
(AG2018/2539)

CANTERBURY WINDOWS AND DOORS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 SEPTEMBER 2018

Application for approval of the Canterbury Windows and Doors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Canterbury Windows and Doors Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement was approved on 6 September 2018 and, in accordance with s.54, will operate from 13 September 2018. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

Aurora Australis Holdings Pty Ltd, trading as Canterbury Windows and Doors, sought approval of the Canterbury Windows and Doors Enterprise Agreement 2018. The Fair Work Commission (FWC) was tasked with determining the fairness of the agreement under the Fair Work Act 2009. The application was brought in response to submissions by the Australian Manufacturing Workers' Union (AMWU) and various individual employees, who raised concerns about the fairness and coverage of the proposed agreement.

The primary legal issues before the FWC were whether the agreement met the 'better off overall test' as required by section 233 of the Fair Work Act, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided fair terms and conditions for the employees covered by it, particularly in light of the submissions from the AMWU and individual employees who argued that the agreement did not sufficiently protect employee entitlements and conditions.

The FWC determined that the agreement was fair and met the better off overall test, despite the concerns raised by the AMWU and individual employees. The Commission found that the agreement provided for reasonable terms and conditions, and that the process by which the agreement was negotiated and executed was in good faith. The FWC also considered the overall context of the enterprise, including the nature of the business and the bargaining power of the parties. Consequently, the FWC approved the Canterbury Windows and Doors Enterprise Agreement 2018.

The Fair Work Commission approved the Canterbury Windows and Doors Enterprise Agreement 2018, affirming that it met the statutory requirements under the Fair Work Act. The decision recognised the balance of terms and conditions provided by the agreement, as well as the integrity of the negotiation process. The approval was issued following a detailed examination of the submissions and evidence presented by the parties involved.

Aurora Australis Holdings Pty Ltd T/A Canterbury Windows and Doors 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