DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnams Windows and Doors Pty Ltd
(AG2017/4782)

BRADNAM’S WINDOWS AND DOORS PTY LTD (DISTRIBUTION AND PAINT LINE BOONDALL QLD) ENTERPRISE AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2017 - 2019.

[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 2017 - 2019 (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 Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 February 2018 and, in accordance with s.54, will operate from 16 February 2018. The nominal expiry date of the Agreement is 11 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bradnams Windows and Doors Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was for the distribution and paint line in Boondall, Queensland, covering the period from 2017 to 2019. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements in Australia. The Fair Work Commission is the relevant body for making such decisions.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions. The Commission also needed to consider whether the agreement was appropriately certified by an independent body and whether it complied with the provisions of the Act.

The Commission found that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The agreement had been certified by an independent body as meeting the requirements of the Fair Work Act. The Commission was satisfied that the agreement was fair and did not contain any provisions that would be contrary to the public interest. Consequently, the Commission approved the enterprise agreement.

The Commission's decision was that the Bradnam’s Windows & Doors Pty Ltd (Distribution and Paint Line Boondall Qld) Enterprise Agreement 2017 - 2019 was approved and registered. The agreement was to be in effect from the date of the decision and would remain in force until the end of the specified period or until terminated in accordance with the agreement or the Fair Work Act. The decision was final and binding on all parties.

Bradnams Windows and Doors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established