Bradnam's Windows and Doors Pty Ltd

[2022] FWCA 188

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

(AG2021/9126)

Bradnam's Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2021-2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 24 JANUARY 2022

Application for approval of the Bradnam's Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the Bradnam's Windows and Doors Pty Ltd (Toowoomba) 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.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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.

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 31 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

Bradnam's Windows and Doors Pty Ltd applied for approval of the Toowoomba Enterprise Agreement 2021-2024 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which had to decide whether the agreement met the criteria for approval. The primary concern was whether the agreement was made in accordance with the relevant provisions of the Act, particularly in relation to the proper consultation process and the fairness of the terms.

The court needed to examine whether Bradnam's Windows and Doors Pty Ltd had genuinely consulted with its employees and whether the agreement contained terms that were considered fair and reasonable. The applicant was required to demonstrate that the agreement had been negotiated in good faith and that the employees had been adequately represented. The court also assessed whether the agreement complied with the minimum entitlements set out in the relevant modern awards.

The Fair Work Commission found that the application met the necessary criteria for approval. The Commission concluded that Bradnam's Windows and Doors Pty Ltd had conducted proper consultation processes with its employees and that the agreement reflected the terms negotiated in good faith. The Commission was satisfied that the agreement contained terms that were fair and reasonable, and that it did not undercut the minimum entitlements provided by the relevant modern awards. Consequently, the application for approval was granted, and the Toowoomba Enterprise Agreement 2021-2024 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established