Bradnam's Windows and Doors, Rockhampton

[2013] FWCA 655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bradnam's Windows and Doors, Rockhampton
(AG2013/4650)

BRADNAM'S WINDOWS & DOORS PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 30 JANUARY 2013

Application for approval of the Bradnam's Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam's Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2012.(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradnams Windows & Doors, Rockhampton. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 6 February 2013. The nominal expiry date of the agreement is 29 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam's Windows & Doors Pty Ltd (Rockhampton) sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled "Bradnam's Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2012", was submitted for the workers who were employed by the company. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The court was the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement was a genuine enterprise agreement, if it was made in good faith, and whether it complied with the procedural requirements set out in the Fair Work Act. Furthermore, the court needed to consider if the agreement provided for appropriate processes to address any issues that might arise during its operation.

In its decision, the Fair Work Commission found that the agreement was indeed a genuine enterprise agreement, made in good faith, and compliant with the statutory requirements. The commission emphasised that the agreement had been negotiated between the employer and the relevant union, which represented the employees. The procedural aspects, including the provision of necessary information to the union and the employees, were also found to be satisfactory. The court concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Therefore, the Fair Work Commission approved the Bradnam's Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established