DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2016/7138)

BRADNAM’S WINDOWS & DOORS PTY LTD (LYNDHURST VICTORIA MANUFACTURING AND DISTRIBUTION CENTRE) AND AUSTRALIAN WORKERS UNION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Lyndhurst Victoria Manufacturing and Distribution Centre) and Australian Workers Union (Victorian Branch) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Lyndhurst Victoria Manufacturing and Distribution Centre) and Australian Workers Union (Victorian Branch) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 11 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd, together with the Australian Workers Union (Victorian Branch), sought approval of their 2016 enterprise agreement. This application was made to the Fair Work Commission, which had the jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly in terms of its provisions and compliance with the Fair Work Act.

The primary legal issue before the Commission was whether the enterprise agreement provided for the fair remuneration and conditions of employment for the employees covered by the agreement. This involved an examination of whether the agreement included all the mandated terms and conditions as required by the Fair Work Act, and whether it was free from any unfair provisions that could be detrimental to employees. Additionally, the Commission needed to determine if the agreement had been genuinely negotiated and if the necessary procedural requirements had been met.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties, including the negotiation process and the contents of the agreement. The Commission found that the agreement did include all the mandated terms and conditions, and it was free from any unfair provisions. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and that all procedural requirements had been met. Consequently, the Commission approved the Bradnam’s Windows & Doors Pty Ltd (Lyndhurst Victoria Manufacturing and Distribution Centre) and Australian Workers Union (Victorian Branch) Enterprise Agreement 2016.

The final orders of the Commission were that the enterprise agreement was approved as meeting the requirements of the Fair Work Act, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the 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