Bradnam’s Windows & Doors Pty Ltd T/A Bradnam’s Windows & Doors

[2020] FWCA 1061

[2020] FWCA 1061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnam’s Windows & Doors Pty Ltd T/A Bradnam’s Windows & Doors
(AG2019/5139)

BRADNAM’S WINDOWS & DOORS PTY LTD (DISTRIBUTION AND PAINT LINE BOONDALL QLD) ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bradnam’s Windows & Doors Pty Ltd T/A Bradnam’s Windows & Doors (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement contained an administrative error at clause 2.3(a). An amended version of the Agreement correcting this error was provided on lodgement of the application. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 11 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A