DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6230)

DOWELL WINDOWS PTY LTD (EDINBURGH PARKS) AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Dowell Windows Pty Ltd (Edinburgh Parks) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Edinburgh Parks) 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 the Construction, Forestry, Mining and Energy Union. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Mining and Energy Union, sought approval of the Dowell Windows Pty Ltd (Edinburgh Parks) Agreement 2015 from the Fair Work Commission. The agreement, which was to cover employees of Dowell Windows Pty Ltd, had been negotiated between the union and the employer. The dispute arose from the employer's contention that the agreement should not be approved as it did not comply with certain provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. Specifically, the employer argued that the agreement did not meet the criteria for being a "single interest employer agreement" and hence should not be registered. The employer contended that the agreement did not cover all employees of Dowell Windows Pty Ltd and therefore failed to meet the definition of a "single interest employer agreement" as it only partially represented the workforce.

The Fair Work Commission examined the terms of the agreement and the relevant legislative provisions. It found that the agreement did indeed cover all employees of Dowell Windows Pty Ltd within the scope of the business and met the criteria for a "single interest employer agreement." The Commission rejected the employer's argument and held that the agreement complied with the statutory requirements for approval. Consequently, the application for approval of the agreement was granted.

The Fair Work Commission approved the Dowell Windows Pty Ltd (Edinburgh Parks) Agreement 2015, finding that it complied with the relevant statutory requirements. The agreement was registered, and the terms it contained became binding on the parties as a registered agreement under the Fair Work Act 2009.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established