Bradnam's Windows & Doors Summary

[2022] FWCA 1705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bradnam's Windows & Doors

(AG2022/1388)

Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Victoria) Enterprise Agreement 2021-2025

Manufacturing and associated industries
COMMISSIONER Johns	MELBOURNE, 24 MAY 2022

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Victoria) Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Victoria) Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradnam’s Windows & Doors. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 11 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradnam’s Windows & Doors Pty Ltd sought approval of a proposed enterprise agreement from the Fair Work Commission (FWC). The agreement covered employees in the distribution and paint line sections of the company’s Victoria operations. The applicants argued that the agreement provided a fair and reasonable basis for resolving employment terms, while the respondent, the Australian Manufacturing Workers Union, contended that it was deficient in several respects. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC centred on whether the proposed agreement provided a fair and reasonable basis for resolving employment terms, including minimum wages, penalty rates, and other conditions. The FWC had to consider the fairness and reasonableness of the agreement in light of the applicable industrial instruments, and whether it met the requirements for approval under the Fair Work Act. The FWC also had to consider the views of the parties and any relevant evidence or submissions made during the hearing.

After reviewing the evidence and submissions, the FWC found that the proposed agreement provided a fair and reasonable basis for resolving employment terms. The FWC noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements, and other benefits. The FWC also found that the agreement was consistent with the applicable industrial instruments and met the requirements for approval under the Fair Work Act. The FWC approved the proposed agreement, which will now apply to employees in the distribution and paint line sections of the company’s Victoria operations.

The FWC approved the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Victoria) Enterprise Agreement 2021-2025, which will now apply to employees in the distribution and paint line sections of the company’s Victoria operations. The agreement provides for a range of benefits for employees, including wage increases, improved leave entitlements, and other benefits. The FWC found that the agreement was fair and reasonable, and met the requirements for approval under the Fair Work Act.

Bradnam's Windows & Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established