DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd
(AG2014/8128)

DOWELL WINDOWS LTD (SMITHFIELD) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 DECEMBER 2014

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

[1] The decision issued by the Fair Work Commission on 4 December 2014 in [2014] FWCA 8741 [PR558591] is corrected as follows:

1. By amending the title of the Agreement in the preamble and in paragraph [1] of the decision to read:

“Dowell Windows Ltd (Smithfield) Enterprise Agreement 2014”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Dowell Windows Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2014. The applicant, Dowell Windows, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the terms and conditions outlined in the agreement, which the applicant claimed were fair and reasonable. The Commission was required to determine whether the agreement met the legal standards for registration, including compliance with the good faith bargaining requirement and fairness test.

The legal issues that the Commission needed to address involved assessing the fairness of the agreement's terms and whether the bargaining process was conducted in good faith. The Commission considered the nature of the bargaining process, the content of the agreement, and whether any party had acted unfairly. The applicant needed to demonstrate that the agreement was negotiated fairly and that it provided for the terms and conditions of employment in a manner that was fair and reasonable.

The Commission found that the applicant had met the requirements for registration. The agreement was deemed to have been negotiated in good faith, and its terms were considered fair and reasonable. The Commission was satisfied that the bargaining process adhered to the principles of good faith and that the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable. Consequently, the application for the approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2014 was approved, and the agreement was registered under the Fair Work Act 2009.

The final orders included the registration of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be binding on all employees covered by it and on the applicant. This decision provided certainty for the parties involved and ensured that the terms and conditions of employment were governed by the registered agreement.

Dowell Windows Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established