DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Limited T/A Dowell Windows
(AG2017/6370)

DOWELL WINDOWS LTD (SMITHFIELD) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 10 APRIL 2018

Application for approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2017 (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 T/A Dowell Windows. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from17 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dowell Windows Limited, trading as Dowell Windows, applied for approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2017. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's determination that the agreement provides for the safety net pay and entitlements of employees, and is otherwise fair and appropriate. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented a number of employees.

The primary legal issue before the Commission was whether the proposed agreement adequately protected the safety net pay and entitlements of employees, and was otherwise fair and appropriate. The union argued that the agreement failed to provide adequate protection of safety net pay, particularly in relation to overtime and penalty rates, and did not provide sufficient protections for employees in terms of leave entitlements and redundancy provisions. Dowell Windows, on the other hand, argued that the agreement was fair and appropriate, and provided for the safety net pay and entitlements of employees.

In determining the application, the Commission considered the provisions of the proposed agreement, the submissions of the parties, and the relevant legislative and regulatory framework. The Commission found that the agreement provided for the safety net pay and entitlements of employees, and was otherwise fair and appropriate. The Commission noted that the agreement provided for a number of benefits for employees, including increased pay rates, improved leave entitlements, and enhanced redundancy provisions. The Commission also found that the agreement provided for a streamlined dispute resolution process, which would assist in the timely and efficient resolution of any disputes that may arise.

The Commission approved the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2017, subject to certain minor modifications to address the union's concerns about the protection of safety net pay. The modifications included the inclusion of a clause that provided for the payment of overtime and penalty rates in certain circumstances, and the clarification of the leave entitlements of employees. The union was granted leave to appeal the decision to the Federal Court.

Dowell Windows Limited T/A Dowell Windows

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established