DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Limited
(AG2016/6648)

DOWELL WINDOWS PTY LTD (GEEBUNG) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Geebung) 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] 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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Dowell Windows Limited and Dowell Windows Pty Ltd, sought approval of the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2016 under section 230 of the Fair Work Act 2009. The application was opposed by the respondents, the Transport Workers Union of Australia and various employees of the applicants. The dispute was heard in the Fair Work Commission. The central legal issues before the Commission were whether the enterprise agreement was fairly negotiated and met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, involved genuine bargaining, and provided fair terms and conditions for employees.

The Commission examined the process of negotiation and concluded that the agreement was indeed made in good faith and involved genuine bargaining. The applicants had provided evidence of their efforts to reach a consensus with the respondents, and the Commission found no evidence of coercion or unfair labour practices. The terms and conditions of the agreement were also assessed against the Fair Work Act’s criteria for approval, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement met these requirements and was consistent with the principles of the Act.

Based on its findings, the Commission approved the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2016. The approval was granted on the condition that the agreement would commence on the date of the Commission’s decision. The parties were directed to take necessary steps to ensure the agreement was implemented, and any issues arising from the implementation were to be referred back to the Commission for further determination. The Commission's decision recognised the rights of the employees to fair terms and conditions of employment while also upholding the applicants' rights to manage their business.

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