Bradnam’s Windows and Doors Pty Ltd

[2024] FWCA 489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd

(AG2023/5172)

BRADNAM’S WINDOWS & DOORS PTY LTD (SOUTH EAST QUEENSLAND DISTRIBUTION AND PAINT LINE)

Enterprise Agreement (2023-2026)

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 12 FEBRUARY 2024

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (South East Queensland Distribution and Paint Line) Enterprise Agreement (2023-2026)

Bradnam’s Windows and Doors Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (South East Queensland Distribution and Paint Line) Enterprise Agreement (2023-2026) (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 1 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers Union (the AWU), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 12 February 2024 and, in accordance with s 54, will operate from 19 February 2024. The nominal expiry date of the Agreement is 12 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Bradnam’s Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of their proposed enterprise agreement covering the 2023-2026 period. The application involved employees from the South East Queensland Distribution and Paint Line division. The application was made under the Fair Work Act 2009, and the matter was heard by the Commission. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also had to consider whether the agreement was appropriately negotiated and whether it provided for the protection of employees’ rights and interests.

In assessing the agreement, the Commission examined various aspects, including the parties’ bargaining positions, the process of negotiation, and the terms of the agreement itself. The Commission considered submissions from both parties, as well as evidence provided, to determine if the agreement was fair and reasonable. The Commission also took into account the need to balance the interests of the employer and the employees, ensuring that the agreement did not unfairly disadvantage either party. After thorough consideration, the Commission determined that the proposed agreement met the necessary criteria.

The Commission approved the Bradnam’s Windows & Doors Pty Ltd (South East Queensland Distribution and Paint Line) Enterprise Agreement (2023-2026), finding that it provided for fair and reasonable terms and conditions of employment and was made in good faith. The agreement was deemed to adequately protect the rights and interests of the employees and was appropriately negotiated. The Commission's decision was based on the comprehensive analysis of the negotiation process and the content of the agreement, ensuring that it met all legal requirements under the Fair Work Act.

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Legal Principle Established