Bradnam's Windows and Doors Pty Ltd Summary

[2025] FWCA 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd

(AG2025/1348)

BRADNAM’S WINDOWS & DOORS PTY LTD (CENTRAL QUEENSLAND) ENTERPRISE AGREEMENT (2025)

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 MAY 2025

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Central Queensland) Enterprise Agreement (2025)

This decision deals with an application made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Central Queensland) Enterprise Agreement (2025) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bradnam’s Windows & Doors Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. The difference in the name was a change in the year, reflective of the time taken in the Agreement making process, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, clause 4(a) of the Agreement and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act, 7 days following this approval by the Fair Work Commission. The nominal expiry date of the Agreement is 13 June 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

Bradnam's Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement for the Central Queensland division of the company. The dispute centred around the terms and conditions proposed in the agreement, including wages, hours of work, and other employment-related provisions. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legal standards and whether it was in the best interests of the employees.

The primary legal issues before the Commission involved assessing whether the agreement met the requirements set forth in the Fair Work Act 2009, specifically regarding the coverage, bargaining, and disclosure provisions. The Commission also needed to determine if the agreement was fair and reasonable, taking into account the needs of both the employer and the employees. Furthermore, the Commission had to consider whether the agreement provided for proper representation and consultation processes.

After thorough examination of the proposed agreement, the Fair Work Commission found that it met all the necessary statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for adequate consultation and representation processes and balanced the interests of both parties. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees. The decision was based on the comprehensive analysis of the agreement’s terms and the evidence presented by both parties during the hearing. The Commission's approval of the agreement ensures that it will now be binding on the employer and the employees covered by it.

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