Bradnam’s Windows and Doors Pty Ltd

[2013] FWCA 709

[2013] FWCA 709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
(AG2013/4672)

BRADNAM’S WINDOWS & DOORS PTY LTD (LYNDHURST VICTORIA MANUFACTURING AND DISTRIBUTION CENTRE) AND AUSTRALIAN WORKERS UNION (VICTORIA BRANCH) ENTERPRISE AGREEMENT 2012-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 JANUARY 2013

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Lyndhurst Victoria Manufacturing and Distribution Centre) and Australian Workers Union (Victoria Branch) Enterprise Agreement 2012-2014.

[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 (Victoria Branch) Enterprise Agreement 2012-2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Extension of 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.

[4] An undertaking has been given in relation to clauses 16.1, 16.5 and 17(b) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 7 February 2013. The nominal expiry date of the Agreement is 11 August 2014.

COMMISSIONER

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APPENDIX A