Bradnam’s Windows and Doors Pty Ltd Summary

[2017] FWCA 6593

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd

(AG2017/3724)

Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2016

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2016 (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 Applicant 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd applied for the approval of the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2016, which was to be made by the Fair Work Commission under the Fair Work Act 2009. The application was opposed by the Queensland Building and Construction General On-site Union, which raised concerns about the agreement's provisions and its potential impact on the workers. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court involved the validity and fairness of the proposed enterprise agreement. The union argued that certain provisions in the agreement were not in the best interests of the employees and did not meet the requirements of the Fair Work Act. The key points of contention included the classification of workers, the payment of wages and penalties, and the working conditions stipulated in the agreement. The court had to determine whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Full Bench of the Fair Work Commission found that the enterprise agreement was fair and reasonable. They concluded that the provisions challenged by the union were consistent with the objectives of the Fair Work Act and did not unduly disadvantage the employees. The court considered the evidence presented by both parties, including expert testimony and the views of the workers. They found that the agreement provided adequate protections for the employees and that the union's concerns were not substantiated. The application for approval was therefore granted.

The final orders of the court included the approval of the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement 2016, subject to certain modifications and clarifications to address minor concerns raised by the union. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The union was granted leave to appeal the decision to the Full Bench of the Federal Court.

Bradnam’s Windows and Doors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established