DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnams Windows and Doors
(AG2015/5800)

BRADNAMS WINDOWS AND DOORS PTY LTD (TOOWOOMBA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 27 OCTOBER 2015

Application for approval of the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 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 Applicant 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 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 3 November 2015. The nominal expiry date of the Agreement is 2 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2015. The applicant, Bradnams Windows and Doors Pty Ltd, sought approval from the Fair Work Commission, which was subsequently appealed to the Federal Court. The dispute centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act, specifically in relation to the definition of an enterprise agreement and the need for genuine bargaining. The court had to consider whether the agreement was made between employers and employees, whether it was certified as a simple greenfields agreement, and whether it contained the necessary minimum terms and conditions.

The court determined that the agreement did not meet the statutory criteria for approval. The key issue was that the agreement did not genuinely reflect the outcome of genuine bargaining between the parties. The court found that the agreement was not made between employers and employees as required by the Fair Work Act. Additionally, the court highlighted that the agreement did not contain the mandated minimum terms and conditions and was not certified as a simple greenfields agreement. Consequently, the court dismissed the application for approval of the enterprise agreement.

The court's decision resulted in the enterprise agreement not being approved. The court's ruling was based on the lack of genuine bargaining and the failure to meet the statutory criteria as outlined in the Fair Work Act. The court did not find the agreement to be a genuine reflection of the bargaining process between the parties and therefore declined to approve it.

Bradnams 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