Bradnam's Windows and Doors Pty Ltd
[2022] FWCA 196
•24 JANUARY 2022
| [2022] FWCA 196 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bradnam's Windows and Doors Pty Ltd
(AG2021/9101)
Bradnam's Windows & Doors Pty Ltd (Carrum Downs Manufacturing) and Australian Workers' UnionEnterprise Agreement 2021 - 2024
| Manufacturing and associated industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 24 JANUARY 2022 |
Application for approval of the Bradnam's Windows & Doors Pty Ltd (Carrum Downs Manufacturing) and Australian Workers' Union Enterprise Agreement 2021 - 2024
Bradnam’s Windows and Doors Pty has applied for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Carrum Downs Manufacturing) and Australian Workers’ Union Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Workers’ Union 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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 14.7 – Attendance; and
· Clause 20.1(d) – Termination with notice.
However, noting clause 3 of the Agreement, 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 31 January 2022. The nominal expiry date of the Agreement is 11 August 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514699 PR737695>
Annexure A
0
0
0