DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Limited
(AG2016/6515)

DOWELL WINDOWS PTY LTD (SHEPPARTON) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Dowell Windows Pty Ltd (Shepparton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Shepparton) 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 Dowell Windows Limited. 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. 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.

[4] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Dowell Windows Limited brought an application to the Fair Work Commission seeking approval of the Dowell Windows Pty Ltd (Shepparton) Enterprise Agreement 2016. The respondents, represented by a trade union, opposed the application on the basis that the agreement was not fairly negotiated and did not comply with certain statutory provisions. The central issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and did not contain any unfair content.

The Commission carefully examined the process by which the agreement was negotiated, considering submissions from both parties on the nature and extent of negotiations. The court considered the evidence of the bargaining process, including the timeliness of communications, the level of participation by both parties, and whether there was any undue influence or coercion. The Commission also assessed whether the agreement contained the minimum terms and conditions as required by the Fair Work Act, and whether any provisions within the agreement were unfair under the criteria outlined in the legislation. The analysis included scrutiny of specific clauses to ensure compliance with statutory minimum standards and to verify that the agreement did not disadvantage employees in a manner that could be considered unfair.

After a thorough review, the Fair Work Commission found that the enterprise agreement was fairly negotiated and did not contain any unfair provisions. The Commission determined that the agreement met all statutory requirements and contained the necessary minimum terms and conditions. Consequently, the Commission approved the Dowell Windows Pty Ltd (Shepparton) Enterprise Agreement 2016, thereby dismissing the application for disapproval. The decision affirmed the validity of the enterprise agreement, ensuring that it could be implemented as intended.

Dowell Windows Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established