DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows and Doors
(AG2015/1078)

BRADNAM’S WINDOWS & DOORS PTY LTD (ROCKHAMPTON) ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bradnams Windows and Doors. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 15 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows & Doors Pty Ltd (Rockhampton) sought approval of their Enterprise Agreement 2015-2016 from the Fair Work Commission. The respondents, who included various unions and employee representatives, contested the application, arguing that the agreement was not in the best interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The central legal issue was whether the enterprise agreement provided a safety net that was no less favourable than the applicable award or registered agreement, and whether it was in the best interests of the employees. Additionally, the court examined if the agreement complied with the requirements for genuine bargaining and if it was made in good faith.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met the necessary criteria. It concluded that the agreement provided employees with terms and conditions that were at least as favourable as those in the relevant award, and that it was in the best interests of the employees. The Commission also determined that the agreement was the product of genuine bargaining and was made in good faith. Consequently, the application for approval was successful.

The final orders of the Commission were that the Bradnam’s Windows & Doors Pty Ltd (Rockhampton) Enterprise Agreement 2015-2016 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the decision and be registered with the Fair Work Commission.

Bradnam’s Windows and Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established