Bradnam's Windows and Doors Pty Ltd Summary

[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

Annexure A

CaseChat Overview and Summary

Bradnam's Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The Australian Workers' Union had reached the agreement with the company on behalf of its employees. The application was made under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it contained terms that were not in the best interests of the employees. The Commission considered the provisions of the Act, including those concerning good faith bargaining, the coverage of the agreement, and the interests of the employees. The Commission determined that the agreement complied with the statutory requirements and contained terms that were in the best interests of the employees. The Commission found that the parties had engaged in good faith bargaining and that the agreement covered all employees of the company. The Commission also found that the agreement contained provisions that were in the best interests of the employees, including provisions relating to wages, hours of work, and other conditions of employment. The Commission approved the agreement, and it will now be binding on the company and the employees for the period from 2021 to 2024.

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