DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Limited T/A Dowell Windows
(AG2017/6513)

DOWELL WINDOWS (QUEANBEYAN) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2018

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dowell Windows Limited, trading as Dowell Windows, applied to the Fair Work Commission for approval of the Dowell Windows (Queanbeyan) Enterprise Agreement 2017. The application arose from negotiations between the company and the Retail and Fast Food Workers Union, representing the employees. The dispute centred on the terms and conditions of employment set forth in the proposed agreement, including wages, working hours, and other employment-related matters. The matter was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act, particularly in relation to the procedural fairness in the bargaining process and whether the terms and conditions of the agreement were reasonable. The court examined whether the agreement provided for a fair and efficient workplace, and whether it adequately balanced the interests of both the employer and the employees. Additionally, the court considered whether the agreement was free from any coercive conduct and whether the necessary procedural steps were followed in reaching the agreement.

In its decision, the Fair Work Commission found that the agreement was procedurally sound and balanced the interests of both parties. The commission noted that the agreement contained provisions that ensured a fair and efficient workplace, with adequate consideration given to the employees' terms and conditions of employment. The commission also found that the agreement did not involve any coercive conduct and that all necessary procedural steps had been followed. Consequently, the commission approved the Dowell Windows (Queanbeyan) Enterprise Agreement 2017, determining that it met all the statutory requirements under the Fair Work Act.

The final orders of the Fair Work Commission were that the Dowell Windows (Queanbeyan) Enterprise Agreement 2017 be approved and registered under the Fair Work Act, effective from the date of the decision. The agreement was to be binding on all employees and employers covered by the agreement, and the commission directed that the necessary steps be taken to give effect to the approved agreement.

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