DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam's Windows and Doors Pty Ltd
(AG2019/4676)

BRADNAM'S WINDOWS & DOORS PTY LTD (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JANUARY 2020

Application for approval of the Bradnam's Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2019-2021

[1] Bradnam’s Windows and Doors Pty Ltd has made an application for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 January 2020 and, in accordance with s 54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 1 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradnam's Windows and Doors Pty Ltd, the employer, filed an application for approval of their enterprise agreement, the Bradnam's Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2019-2021. The agreement was submitted to the Fair Work Commission for assessment and approval, as required by the Fair Work Act 2009. The union, Queensland Building and Construction Employees' Union, did not oppose the application but raised concerns about the agreement's coverage of certain employees and the implications of the agreement's provisions.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. This involved determining if the agreement was a genuine enterprise agreement, if it was made in good faith, and if it provided for the proper classification of employees and the setting of terms and conditions of employment. Additionally, the court needed to assess whether the agreement adequately covered all employees within the scope of the bargaining and if it complied with the provisions of the Fair Work Act concerning the process of making the agreement.

The Fair Work Commission, after examining the application and the evidence presented, found that the agreement met the criteria for approval. The agreement was determined to be a genuine enterprise agreement made in good faith, covering all employees within the bargaining scope, and providing for the proper classification and setting of terms and conditions of employment. The Commission also noted that the agreement did not adversely affect the employees' rights and that it complied with all relevant provisions of the Fair Work Act. Therefore, the application was approved, and the agreement was registered.

The court's final order was the approval and registration of the Bradnam's Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2019-2021, effective from the date of the decision. The agreement was to apply to all employees covered by the bargaining and would remain in force until the next agreed-upon date or until terminated in accordance with 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