Bradnam’s Windows and Doors Pty Ltd
[2022] FWCA 638
•24 FEBRUARY 2022
| [2022] FWCA 638 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bradnam’s Windows and Doors Pty Ltd
(AG2022/270)
Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2021-2024
| Manufacturing and associated industries | |
| COMMISSIONER SIMPSON | BRISBANE, 24 FEBRUARY 2022 |
Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2021- 2024
An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2021- 2024 (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.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
In so finding, I note that the employer’s declaration indicated that the final notice of vote was provided to employees on 18 January 2022, with the vote being held on 24 January 2022, meaning the information regarding the ballot was not provided to the employees at least seven (7) clear days before the commencement of the ballot as required by s.180(3) of the Act. However, given that 49 employees covered by the Agreement cast a valid vote with 45 voting to approve, I am satisfied that but for a minor procedural or technical error made in the pre-approval step stipulated at s.180(2), the proposed agreement would have been genuinely agreed to within the meaning of s.180(1) and the employees were not likely to be disadvantaged by the error.
Noting clause 3 of the Agreement, 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 Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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