Aurora Australis Holdings T/A Canterbury Windows and Doors Summary

[2025] FWCA 3309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurora Australis Holdings T/A Canterbury Windows and Doors

(AG2025/3245)

CANTERBURY WINDOWS AND DOORS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER REDFORD	MELBOURNE, 2 OCTOBER 2025

Application for approval of the Canterbury Windows and Doors Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as Canterbury Windows and Doors Enterprise Agreement 2025 (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 T/A Canterbury Windows and Doors (Canterbury Windows). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

Canterbury Windows has provided an undertaking in relation to the interaction between the Agreement and the NES – the NES precedence clause. This undertaking, which is taken to be a term of the Agreement pursuant to s 191(1) of the Act, provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.

On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 5.5 of the Agreement deals with annual leave but is silent on the manner in which annual leave is to accrue and be paid.
a.Clauses 5.5 and 36.8 of the Agreement, which refer to public holidays, do not contain a comprehensive list of public holidays (as is set out in s 115 of the Act), and do not make clear that while a reasonable request may be made that an employee work on a public holiday, an employee is entitled to be absent from employment on a day or part day that is a public holiday, and may refuse a request made that they work (as is set out in 114 of the Act).   

Consideration

Subject to the undertakings referred to above, 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.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU) 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 CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurora Australis Holdings, trading as Canterbury Windows and Doors, applied for the approval of the Canterbury Windows and Doors Enterprise Agreement 2025. The applicant sought the approval of this enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which had the authority to approve the agreement if it met certain criteria, including ensuring that the agreement provides for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved whether the agreement was fair and reasonable, and if it met the statutory requirements for approval. The applicant needed to demonstrate that the agreement was negotiated in good faith, that it was fair and reasonable, and that it did not undermine the safety net of minimum wages and conditions. The Commission also needed to consider whether the agreement provided for a proper balance of rights and obligations between the parties, and if it complied with the relevant provisions of the Fair Work Act.

The Commission considered the submissions from both the applicant and the registered union, United Voice. It examined the terms of the agreement, the process of negotiation, and the fairness of the outcomes for employees. The Commission found that the agreement was negotiated in good faith and was fair and reasonable. It concluded that the agreement provided for a proper balance of rights and obligations and did not undermine the safety net of minimum wages and conditions. The Commission approved the application and certified the enterprise agreement as meeting the necessary criteria.

The Fair Work Commission certified the Canterbury Windows and Doors Enterprise Agreement 2025 as meeting the requirements of the Fair Work Act 2009. The agreement was deemed fair and reasonable, and it provided for appropriate terms and conditions of employment. The Commission's decision ensured that the agreement would be applicable to the employees covered by it, and it provided a framework for industrial relations within the organisation.

Aurora Australis Holdings T/A Canterbury Windows and Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established