Bradnam’s Windows and Doors Pty Ltd

[2015] FWCA 2600

[2015] FWCA 2600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2015/2373)

BRADNAM’S WINDOWS & DOORS PTY LTD (LYNDHURST VICTORIA MANUFACTURING AND DISTRIBUTION CENTRE) AND AUSTRALIAN WORKERS UNION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 APRIL 2015

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 2014-2016.

[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 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bradnam’s Windows and Doors Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 22 April 2015. The nominal expiry date of the Agreement is 11 August 2016.

COMMISSIONER

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APPENDIX A

APPENDIX B