Bradnam's Windows and Doors Pty Ltd
[2018] FWCA 7181
•23 NOVEMBER 2018
| [2018] FWCA 7181 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Bradnam's Windows and Doors Pty Ltd
(AG2018/3595)
Bradnam's Windows & Doors Pty Ltd (Dandenong South Manufacturing) and Australian Workers' Union Enterprise Agreement 2018
| Manufacturing and associated industries | |
| Deputy President Masson | MELBOURNE, 23 NOVEMBER 2018 |
Application for approval of the Bradnam's Windows & Doors Pty Ltd (Dandenong South Manufacturing) and Australian Workers' Union Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Dandenong South Manufacturing) and Australian Workers’ Union 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.
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.
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.
I note that clauses 16.5 and 16.6 are inconsistent with the National Employment Standards as clause 16.5 expresses the personal/carers leave entitlement in hours and clause 16.6 states that parental leave must commence six weeks before confinement and that the leave must end before the child’s first birthday. Given the National Employment Standards precedence clause at Clause 16.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 11 August 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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