Bradnam's Windows and Doors Pty Ltd Summary

[2022] FWCA 3925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bradnam's Windows and Doors Pty Ltd

(AG2022/4617)

Bradnam's Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2022 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 NOVEMBER 2022

Application for approval of the Bradnam's Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement to be known as the Bradnam's Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bradnam's Windows and Doors Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

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 the Enterprise Agreement 2022 - 2025. The dispute arose from the application of the Fair Work Act 2009, specifically sections 231 and 232, which govern the process for approving enterprise agreements. The Commission, led by Commissioner A.P. Smith, had to decide whether the agreement complied with the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions as mandated by the Fair Work Act. The applicant argued that the agreement was fair and reasonable, and had been negotiated in good faith. The Commission needed to examine the process of negotiation and whether there was sufficient evidence of genuine agreement between the parties.

Commissioner Smith found that the agreement met the criteria for approval. The process of negotiation was transparent, and the agreement contained all the necessary minimum terms and conditions. The evidence demonstrated that the agreement was made in good faith and was fair and reasonable. Consequently, the Commission approved the Enterprise Agreement 2022 - 2025. The approval was made under the authority provided by section 232 of the Fair Work Act.

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