Dowell Windows Pty Ltd

[2014] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd
(AG2014/5688)

DOWELL WINDOWS PTY LTD (BAYSWATER) AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 MAY 2014

Application for approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Bayswater) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Dowell Windows Pty Ltd. Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses 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 the undertakings provided, 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 Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AWU and CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 May 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Dowell Windows Pty Ltd applied to the Federal Circuit Court for approval of an enterprise agreement entered into between the company and its employees. The dispute involved the terms of the agreement, which aimed to regulate employment conditions within the company. The matter was brought before the Federal Circuit Court to determine the validity and enforceability of the agreement.

The court was tasked with determining whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act 2009, and if the agreement was within the scope of the Act. Specifically, the court had to examine whether the agreement was made in good faith, whether it included the necessary protections for employees, and whether it complied with the procedural requirements for approval.

The court found that the agreement had been genuinely negotiated between the parties and that it included appropriate protections for employees. The court also determined that the agreement complied with the procedural requirements for approval under the Fair Work Act. The court concluded that the agreement was valid and enforceable, granting the application for approval.

The Federal Circuit Court approved the Dowell Windows Pty Ltd (Bayswater) Agreement 2013, confirming its validity and enforceability. This decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would regulate their employment conditions as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established