Bradnam's Windows and Doors Pty Ltd

[2018] FWCA 6815

[2018] FWCA 6815

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam's Windows and Doors Pty Ltd

(AG2018/3596)

Bradnam's Windows & Doors Pty Ltd (Lyndhurst Distribution Centre) and Australian Workers' Union Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 5 NOVEMBER 2018

Application for approval of the Bradnam's Windows & Doors Pty Ltd (Lyndhurst Distribution Centre) and Australian Workers' Union Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Lyndhurst Distribution Centre) 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.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

   ·  Clause 16.6 – Parental leave, and

   ·  Clause 16.1 – Annual leave for casual employees

However, noting clause 16.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2018. The nominal expiry date of the Agreement is 11 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500676  PR702056>

Annexure A