Bradnams Windows and Doors, Toowoomba Summary

[2013] FWCA 6577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bradnams Windows and Doors, Toowoomba
(AG2013/2275)

BRADNAMS WINDOWS AND DOORS PTY LTD (TOOWOOMBA) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bradmans Windows and Doors, Toowoomba. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 12 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradnams Windows and Doors Pty Ltd, represented by their employees through the Building and Construction Trades Employees' Union of Australia, sought approval of the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2013. The respondents, being various employers represented by the Master Builders Association of Queensland, contested the application. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval, specifically whether it was in the public interest and whether it would provide for the protection of employees' rights and interests. The Commission had to consider the balance of rights and obligations in the agreement, as well as its implications for productivity, efficiency and fairness in the workplace.

After considering the arguments and evidence presented by both parties, the Commission determined that the agreement was in the public interest and provided adequate protection for employees' rights and interests. The Commission found that the proposed agreement would not lead to adverse economic consequences and would not undermine the federal safety net. The application for approval was therefore granted.

The Fair Work Commission approved the Bradnams Windows and Doors Pty Ltd (Toowoomba) Enterprise Agreement 2013, confirming its validity and enforceability. The agreement now serves as the basis for the employment conditions of the employees covered by the agreement, providing a framework for fair and productive workplace relations.

Bradnams Windows and Doors, Toowoomba

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established