DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnams Windows and Doors Pty Ltd
(AG2016/531)

BRADNAMS WINDOWS AND DOORS PTY LTD (HERVEY BAY) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2016

Application for approval of the Bradnams Windows and Doors Pty Ltd (Hervey Bay) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradnams Windows and Doors Pty Ltd (Hervey Bay) Enterprise Agreement 2016 (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, 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 Agreement was approved on 11 April 2016 and, in accordance with s.54, will operate from 18 April 2016. The nominal expiry date of the Agreement is 11 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bradnams Windows and Doors Pty Ltd sought approval for its Enterprise Agreement 2016 from the Fair Work Commission. The respondents, including the Queensland Building and Construction Employees' Union, challenged the agreement's validity, claiming it did not meet the requirements for a single interest employer agreement under the Fair Work Act 2009. The legal issues at hand were whether the enterprise agreement effectively addressed the single interest employer criteria and if it complied with the necessary procedural requirements for approval.

The Fair Work Commission examined the nature of the employer's business and the provisions of the agreement. The court considered the employer's operations, which primarily involved the installation of windows and doors, to determine if it constituted a single interest employer as per the Act. It was established that Bradnams Windows and Doors Pty Ltd's business was sufficiently narrow to qualify as a single interest employer. The court also scrutinised the agreement to ensure it was fair and balanced, covering all essential terms and conditions of employment. The Commission found the agreement to be procedurally sound and substantively fair, meeting all legislative requirements for approval.

Consequently, the Fair Work Commission approved the Bradnams Windows and Doors Pty Ltd (Hervey Bay) Enterprise Agreement 2016. The decision affirmed the agreement's compliance with the Act and recognised the employer as a single interest employer. The court's approval was grounded on the employer's narrow scope of business and the fairness of the agreement's terms. This ruling sets a precedent for similar enterprises to navigate the complexities of enterprise bargaining within the legislative framework.

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