Bradnam’s Windows and Doors Pty Ltd & The Australian Workers’ Union Summary

[2025] FWCA 1054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam’s Windows and Doors Pty Ltd
&
The Australian Workers’ Union

(AG2025/714)

BRADNAM’S WINDOWS & DOORS PTY LTD (TOOWOOMBA) ENTERPRISE AGREEMENT (2024)

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 26 MARCH 2025

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Toowoomba) Enterprise Agreement (2024)

An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Toowoomba) Enterprise Agreement (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 and The Australian Workers’ Union (the Applicants). 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.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration 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 the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows and Doors Pty Ltd, along with the Australian Workers’ Union, applied to the Fair Work Commission for approval of the Bradnam’s Windows & Doors Pty Ltd (Toowoomba) Enterprise Agreement (2024). The dispute centred on whether the proposed enterprise agreement met the necessary legal standards and criteria under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with reviewing the agreement and determining its validity.

The central legal issues before the Commission involved whether the agreement provided fair terms and conditions for employees, whether it adhered to the minimum requirements set forth by the Fair Work Act, and if any unfair dismissal provisions were adequately addressed. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval. The Commission also needed to examine if the agreement contained provisions that were significantly detrimental to employees' rights and entitlements.

After thorough examination, the Fair Work Commission found that the agreement did not meet all the necessary requirements for approval. Key concerns included inadequate provisions for employee entitlements, particularly in relation to overtime and penalty rates. The Commission also noted procedural deficiencies in the negotiation process, which failed to meet the standards of genuine bargaining. Consequently, the Commission rejected the application for approval. The decision emphasised the importance of fair terms and proper negotiation procedures in enterprise agreements to ensure they protect employee rights and comply with legislative standards.

In its final orders, the Commission refused to approve the Bradnam’s Windows & Doors Pty Ltd (Toowoomba) Enterprise Agreement (2024), citing significant shortcomings in both content and process. The decision underscored the necessity for future negotiations to address these deficiencies adequately to ensure compliance with the Fair Work Act.

Bradnam’s Windows and Doors Pty Ltd & The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established