Bradnam's Windows and Doors Pty Ltd

[2019] FWCA 3398

[2019] FWCA 3398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam's Windows and Doors Pty Ltd
(AG2019/1136)

BRADNAM'S WINDOWS & DOORS PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MAY 2019

Application for approval of the Bradnam's Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 15.3(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES) in that it provides that an employee’s entitlement to personal leave is dependent upon the employee notifying their supervisor/manager by their normal start time as to the reason for their absence and estimated duration, whereas the NES provides that such notification is to be provided as soon as practicable, which may be a time after the leave has started. However, noting that clause 15.3 of the Agreement provides that employees are entitled to personal leave in accordance with the Act, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 16 May 2019 and, in accordance with s.54, will operate from 23 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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