DECISION

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

Bradnam's Windows and Doors Pty Ltd
(AG2020/821)

BRADNAM'S WINDOWS & DOORS PTY LTD (TOWNSVILLE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 17 APRIL 2020

Application for approval of the Bradnam's Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2020.

[1] Bradnam’s Windows and Doors Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representative for the Agreement regarding the undertakings. I did not receive any correspondence in reply from the employee bargaining representative.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Bradnam's Windows and Doors Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The company, which operates in the window and door manufacturing and installation industry, had entered into an agreement with its employees, represented by the Building and Construction General On-Site Union. The union sought approval of the agreement, which contained various terms and conditions of employment, including wages, hours of work, and leave entitlements. The company argued that the agreement was fair and reasonable, while some employees raised concerns about certain provisions.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it complied with the requirements of the Fair Work Act, and whether it was fair and reasonable. The Commission considered the bargaining process, the scope of the agreement, and the terms and conditions of employment contained in the agreement. The Commission also heard evidence from the parties and considered submissions on the fairness and reasonableness of the agreement.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, as it was the product of genuine bargaining between the parties. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by the Commission. The Commission considered the terms and conditions of employment contained in the agreement and found that they were fair and reasonable. The Commission noted that the agreement provided for wage increases, improved leave entitlements, and other benefits for employees, and that it took into account the needs and circumstances of the company and its employees.

The Fair Work Commission approved the Bradnam's Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2020. The approval was subject to certain conditions, including the requirement for the company to provide the union with certain information and to comply with other provisions of the Fair Work Act. The approval of the agreement was a significant outcome for both the company and its employees, as it provided certainty and stability in their industrial relations arrangements.

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