DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dowell Windows Limited
(AG2015/192)

WUNDERLICH PLASTICS (WETHERILL PARK) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 MARCH 2015

Application for approval of the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 March 2015. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Dowell Windows Limited and Wunderlich Plastics, with the dispute centering on the application for approval of the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2014. The Fair Work Commission was the tribunal that presided over the case. The crux of the legal issues revolved around whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically regarding the procedural fairness and the provisions concerning employee entitlements and protections. The Commission needed to determine if the agreement was made in good faith and whether it offered a safety net of minimum entitlements.

The Commission examined the processes followed during the negotiation of the agreement and whether all reasonable steps were taken to ensure the employees' voices were heard. Additionally, the agreement's provisions on employee entitlements, such as minimum rates of pay, penalty rates, and leave entitlements, were scrutinised to ensure they did not fall below the mandated minimum standards. The Commission also assessed whether the agreement included proper mechanisms for dispute resolution and whether it adequately protected the rights of the employees.

In reaching its decision, the Commission considered evidence presented by both parties, including testimonies and documentation. The Commission found that the agreement was made in good faith and that all reasonable steps were taken to ensure procedural fairness. It also determined that the agreement provided a safety net of minimum entitlements that complied with the requirements of the Fair Work Act 2009. Consequently, the Commission approved the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2014. The decision was made in favour of Dowell Windows Limited, granting the approval sought by the applicant.

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