DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2021/6480)

BRADNAM’S WINDOWS AND DOORS PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 AUGUST 2021

Application for approval of the Bradnam’s Windows and Doors Pty Ltd (Rockhampton) Enterprise Agreement 2021.

[1] Bradnam’s Windows and Doors Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Bradnam’s Windows and Doors Pty Ltd (Rockhampton) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 August 2021.

[3] On 6 August 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought submissions on Agreement Pre-approval requirements including voting notification, provision of incorporated materials and agreement explanation.

• Chambers sought an undertaking as to the exact day in June 2023 the Agreement is set to expire.

• Chambers raised better off overall concerns regarding the Agreement Classification Level 14 - JA - Juniors at 20 years.

[4] The Employer has submitted an undertaking in the required form dated 9 August 2021. The undertaking deals with the following topics:

• The Agreement expiry date was confirmed as 30 June 2023.

• An undertaking was provided to resolve the better off overall concerns regarding the rates of pay provided to Level 14 - JA - Juniors at 20 years.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd (the employer) applied to the Fair Work Commission for approval of the Bradnam’s Windows and Doors Pty Ltd (Rockhampton) Enterprise Agreement 2021. The applicant sought to have the agreement made a registered agreement for the purposes of the Fair Work Act 2009. The applicant submitted that the agreement provided for the award provisions to be incorporated, provided terms and conditions for the employees covered, and had been fairly negotiated. The Australian Manufacturing Workers Union (the union) opposed the application, arguing that the agreement did not provide for the award provisions to be incorporated and did not fairly reflect the bargaining outcomes of the parties.

The central issue before the Commission was whether the agreement had been fairly negotiated and whether it provided for the incorporation of relevant award provisions. The Commission found that the parties had engaged in good faith bargaining and that the agreement reflected the bargaining outcomes of both parties. The Commission noted that the agreement contained provisions that incorporated the relevant award provisions, thus satisfying the requirements of the Fair Work Act.

The Fair Work Commission approved the agreement, finding that it had been fairly negotiated and contained the necessary provisions for the incorporation of relevant award terms and conditions. The Commission concluded that the agreement met the statutory requirements for registration under the Fair Work Act. Consequently, the agreement was approved and registered.

The Fair Work Commission approved and registered the Bradnam’s Windows and Doors Pty Ltd (Rockhampton) Enterprise Agreement 2021. The Commission found that the agreement had been fairly negotiated and contained the necessary provisions for the incorporation of relevant award terms and conditions. The agreement was therefore approved and registered under the Fair Work Act.

Bradnam’s 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