Bradnam’s Windows & Doors Pty Ltd

[2023] FWCA 1264

[2023] FWCA 1264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Bradnam’s Windows & Doors Pty Ltd

(AG2023/1062)

BRADNAM’S WINDOWS AND DOORS PTY LTD (TOOWOOMBA) ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 3 MAY 2023

Application for variation of the Bradnam’s Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2021 - 2024

1. An application has been made for a variation of the 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 section 210 of the Fair Work Act 2009 (the Act). It has been made by Bradnam’s Windows and Doors Pty Ltd (the Applicant).

1. The Applicant sought to amend the agreement as set out in their application. The Applicant provided details on the Form F23A – Employer’s declaration in support of variation of an enterprise agreement, of multiple occasions between 14 and 27 March 2023 where the employees were provided details of the variation and had the opportunity to ask questions. This included meetings held with the consultation committee, toolbox meetings and hard copy and digital provision of the proposed variations for voting.

1. The Applicant also indicated that on 23 March 2023 there was a ‘toolbox’ meeting with employees, outlining the access period and voting process, via confidential ballot. On 27 March 2023 all employees were provided notice that copies of the agreement variation and supporting documentation were placed in the lunchroom and that voting would occur on 3 April 2023.  The voting for the variation took place on 3 April 2023. Out of the 40 employees who voted, 37 voted in favour of the variation.

1. On 14 April 2023, the Australian Workers’ Union (AWU) submitted a Form F23B - Declaration of employee organisation in relation to variation of an enterprise agreement, which indicated that they are covered by the Agreement and consented to the variation.

1. I am satisfied that each of the requirements of sections 210 and 211 of the Act, as are relevant to this Application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; a copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation. I am also satisfied that the Agreement, as varied, continues to pass the better off overall test.

1. In accordance with section 216 of the Act, the variation operates from 3 May 2023. A

consolidated copy of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514690  PR761591>