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

Annexure A

CaseChat Overview and Summary

Bradnam’s Windows & Doors Pty Ltd sought approval of an enterprise agreement that governs the terms and conditions of employment for employees in the Distribution and Paint Line Boondall, Queensland branch. The application for approval was brought before the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the court involved determining if the enterprise agreement contained all the mandated minimum terms and conditions, and if the agreement had been genuinely negotiated. Additionally, the court had to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act, including whether it was fairly and properly negotiated and if the parties had made a genuine attempt to reach an agreement.

The Fair Work Commission, after reviewing the evidence and submissions, found that the agreement contained all the mandated minimum terms and conditions and had been genuinely negotiated between the employer and the employees. The commission noted that the agreement had been subject to a good faith negotiation process and was reflective of the bargaining positions of the parties. The procedural requirements were also deemed to have been met, as there was evidence of a genuine attempt to reach an agreement. Consequently, the commission approved the enterprise agreement.

The Fair Work Commission approved the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2019-2021, determining that it met all the statutory requirements under the Fair Work Act. The agreement was recognised as providing for fair and reasonable terms and conditions of employment for the employees covered by it.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established