Bradnams Windows and Doors Summary

[2014] FWCA 4140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnams Windows and Doors
(AG2014/6409)

BRADNAM’S WINDOWS & DOORS PTY LTD (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 JUNE 2014

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Bradnams Windows and Doors. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] In my view, the Consultation Mechanisms provision in clause 6.4 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 1 July 2014. The nominal expiry date of the Agreement is 31 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnam’s Windows & Doors Pty Ltd, an Australian company, sought approval of its enterprise agreement covering employees in South East Queensland. The application was before the Fair Work Commission (FWC), which was tasked with assessing the agreement's compliance with the Fair Work Act 2009. The legal issues centred on whether the agreement met the formal and substantive requirements for approval under the Act. Specifically, the FWC needed to determine if the agreement had been made freely and fairly, without any element of coercion, and whether it provided for the proper operation of the enterprise.

The FWC examined the process by which the agreement was negotiated and whether it had been done in good faith. The company argued that the agreement was the result of genuine negotiations between the employer and the employees' representatives, with no undue influence or pressure exerted. The FWC also considered the provisions of the agreement itself, ensuring that they were not contrary to public policy or contrary to any applicable awards or registered agreements. After reviewing the evidence and submissions, the FWC found that the agreement had been made in accordance with the statutory requirements.

The FWC approved the enterprise agreement, finding that it was appropriately negotiated and contained provisions that were fair and reasonable. The decision confirmed the agreement's validity, allowing it to be registered and enforceable as per the terms outlined. The approval signified that the agreement was in the best interests of the employees and the enterprise, and it would operate effectively within the legal framework provided by the Fair Work Act 2009.

Bradnams Windows and Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established