Bradnam’s Windows and Doors Pty Ltd Summary

[2017] FWCA 6146

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd

(AG2017/4941)

Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2017-2019

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the BRADNAM’S WINDOWS & DOORS PTY LTD (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2017-2019 (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 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 28 November 2017. The nominal expiry date of the Agreement is 30 May 2019.

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 (South East Queensland) Enterprise Agreement 2017-2019. The Fair Work Commission (FWC) was required to determine whether the agreement complied with the necessary legal criteria for approval. This included whether the agreement was made in good faith, whether it contained the minimum terms and conditions, and whether the agreement was properly formed.

The court examined the agreement's compliance with the Fair Work Act 2009, focusing on whether it was made in good faith, contained the minimum terms and conditions, and was properly formed. The application was contested by the Queensland Building and Construction Employees Union, which argued that the agreement did not meet the legal standards. The Commission assessed the evidence and submissions from both parties to determine whether the agreement met the necessary criteria for approval.

In its decision, the FWC found that the agreement was made in good faith and contained the minimum terms and conditions required by the Fair Work Act 2009. The Commission determined that the agreement was properly formed and met all necessary legal standards. Consequently, the application for approval was successful.

The FWC approved the Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2017-2019, effective from 1 April 2017, and in force until 31 March 2019. The approved agreement was registered with the Commission and became binding on the parties involved.

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