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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd, an applicant, sought approval for the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2019. The application was heard in the Fair Work Commission, where the parties contested the agreement’s validity and compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including genuine bargaining, coverage of appropriate matters, and adherence to procedural fairness.

The legal issues before the Commission involved assessing whether the agreement had been genuinely bargained, whether it covered the appropriate matters, and whether it complied with procedural fairness requirements. The applicant argued that the agreement was the product of genuine bargaining, covered all necessary matters, and adhered to procedural fairness. The respondent raised objections, contending that the bargaining process was flawed, certain matters were inadequately addressed, and procedural fairness was not observed.

The Commission examined the evidence presented regarding the bargaining process, the contents of the agreement, and the procedural fairness of the agreement's formation. The Commission found that the agreement was genuinely bargained, as the evidence demonstrated that the parties engaged in meaningful negotiations. The agreement covered all necessary matters, as it addressed key employment terms and conditions. Additionally, the Commission concluded that procedural fairness was observed throughout the bargaining process. Thus, the Commission approved the agreement.

The Commission approved the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2019, finding it to be the product of genuine bargaining, to cover all necessary matters, and to comply with procedural fairness. The agreement was thus approved, and it will now regulate the employment terms and conditions for the employees covered by the agreement.

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