DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2018/5249)

APPLICATION FOR APPROVAL OF THE BRADNAM’S WINDOWS AND DOORS PTY LTD (TOOWOOMBA) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 18 FEBRUARY 2019

Application for approval of the Bradnam’s Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows and Doors Pty Ltd (Toowoomba) 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 Applicant). 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 Australian Workers’ Union (AWU) 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) I note that the Agreement covers the organisation

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 17 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd recently brought an application to the Fair Work Commission for the approval of the Bradnam’s Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2018. The agreement was entered into between the company and the Queensland Building and Construction Employees’ Union, which sought to regulate employment terms and conditions for the workers covered by the agreement. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. This required the Commission to examine whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to consider whether the agreement had been appropriately negotiated and whether the requisite majority of employees had been consulted and had approved the agreement. The Commission was also required to ensure that the agreement did not undermine the safety net of minimum wages and conditions provided by the Act.

In reaching its decision, the Commission found that the agreement satisfied all the statutory requirements for approval. It was determined that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement had been appropriately negotiated and that the requisite majority of employees had been consulted and had approved the agreement. Furthermore, the Commission was satisfied that the agreement did not undermine the safety net of minimum wages and conditions provided by the Act. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Bradnam’s Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission’s decision. The agreement was to be registered with the Commission and would apply to 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