DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Limited
(AG2014/8127)

DOWELL WINDOWS (QUEANBEYAN) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 DECEMBER 2014

Application for approval of the Dowell Windows (Queanbeyan) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows (Queanbeyan) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Dowell Windows Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clauses 20.2(c) and 21.3 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

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

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 19 December 2014.The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Dowell Windows Limited, sought approval of the Dowell Windows (Queanbeyan) Enterprise Agreement 2014. The applicant is a company operating in the window manufacturing industry in Queanbeyan. The dispute arose from negotiations with employees represented by a union, concerning terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement adequately covered the relevant employees and if it addressed key aspects such as wages, hours of work, and other conditions of employment.

The Commission found that the agreement was made in good faith and met the necessary criteria for approval. It concluded that the agreement was fair and efficient, providing appropriate terms for the employees. The Commission also determined that the procedural requirements were satisfied and that the agreement comprehensively covered the intended employees. Consequently, the Commission approved the Dowell Windows (Queanbeyan) Enterprise Agreement 2014, confirming its compliance with the statutory requirements under the Fair Work Act.

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