Bradnam’s Windows and Doors Pty Ltd

[2020] FWCA 2681

[2020] FWCA 2681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2020/1237)

BRADNAM’S WINDOWS AND DOORS PTY LTD (KINGS PARK) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 22 MAY 2020

Application for approval of the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradnam’s 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.

[3] The consultation term contained in clause 18 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] I note that clause 13.3 (Personal/Carer’s Leave) and clause 17.5 (Abandonment of Employment) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union and the Transport Workers’ Union of NSW, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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