DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2016/7456)

BRADNAM’S WINDOWS AND DOORS PTY LTD (KINGS PARK) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2017

Application for approval of the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam's Windows and Doors Pty Ltd (Kings Park) 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.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2016. The application was brought before the Commission as the agreement was not approved by the Australian Building and Construction Commission and the parties could not agree on whether the agreement was to be considered as a single enterprise agreement or a combination of two separate agreements. The applicant argued that the agreement was intended to be a single agreement covering all employees, while the respondent argued that there were two separate agreements, one for the Kings Park site and one for all other sites. The legal issues before the Commission were whether the agreement was a single enterprise agreement or two separate agreements and, if it was a single agreement, whether it should be approved. The Commission found that the agreement was intended to be a single enterprise agreement and that it met the requirements of the Fair Work Act. The Commission noted that the agreement was negotiated in a single negotiation process and that the parties had consistently treated the agreement as a single agreement. The Commission also found that the agreement met the requirements of the Fair Work Act, including that it contained minimum terms and conditions and that it was not contrary to public policy. The Commission approved the agreement. The Commission made orders approving the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2016 as a single enterprise 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