Bradnam's Windows And Doors Pty Ltd

[2024] FWCA 2550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows And Doors Pty Ltd

(AG2024/2224)

BRADNAM’S WINDOWS & DOORS PTY LTD (TOWNSVILLE) ENTERPRISE AGREEMENT (2023)

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 JULY 2024

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement (2023)

An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement (2023) (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 Applicant). The Agreement is a single enterprise agreement.

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,[1] 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.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement, which was to cover their Townsville employees. The applicants sought to ensure that the agreement would be compliant with the Fair Work Act 2009 and would appropriately balance the interests of their employees and the business. The Commission was tasked with evaluating whether the agreement met the necessary criteria under the Act.

The central legal issues before the Commission involved assessing whether the agreement contained all the required terms and conditions, whether it provided for procedural fairness in its creation and operation, and whether it provided for the proper protection of employees' rights and interests. The Commission had to determine if the agreement satisfied the "better off overall test" and if it complied with the provisions of the Act that ensure procedural fairness in its formation and operation.

The Commission found that the agreement was largely compliant with the requirements of the Act. It included all the necessary terms and conditions, and provided for procedural fairness in its creation and operation. The agreement also adequately protected the rights and interests of the employees. The Commission was satisfied that the agreement met the better off overall test, as it offered the employees benefits that were at least equivalent to what they would receive under the applicable award or registered agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Bradnam’s Windows & Doors Pty Ltd (Townsville) Enterprise Agreement (2023), finding it to be compliant with the Fair Work Act 2009, and that it appropriately balanced the interests of the employees and the business. The agreement was deemed to be procedurally fair and to protect the employees' rights and interests adequately, meeting the better off overall test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established