Dowell Windows Pty Ltd Summary

[2024] FWCA 4000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd

(AG2024/4092)

DOWELL WINDOWS PTY LTD (SHEPPARTON) AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 15 NOVEMBER 2024

Application for approval of the Dowell Windows Pty Ltd (Shepparton) Agreement 2024

Dowell Windows Pty Ltd has applied for approval of a single enterprise agreement known as the Dowell Windows Pty Ltd (Shepparton) Agreement 2024 (the Agreement).

The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 22 November 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowell Windows Pty Ltd is the applicant for the approval of the Dowell Windows Pty Ltd (Shepparton) Agreement 2024. The application was heard by the Fair Work Commission. The dispute centres around whether the proposed agreement meets the requirements for approval under the Fair Work Act 2009. The applicant argues that the agreement is in line with the legislative provisions, while any respondents who may have appeared did not challenge the applicant's position in court.

The legal issues before the court were whether the agreement provides for the terms and conditions of employment for the employees covered by it, whether it ensures that these terms are no less favourable than the relevant award or registered agreement, and if it complies with the procedural requirements of the Act. Additionally, the court had to consider whether the agreement is in the public interest.

The Commission found that the proposed agreement complied with the procedural requirements under the Fair Work Act. It noted that the agreement was made following a genuine bargaining process and provided for the terms and conditions of employment as required. The Commission also concluded that the agreement did not result in terms and conditions that were less favourable than the relevant award or registered agreement. Moreover, the Commission was satisfied that the agreement was in the public interest, considering the stability it would bring to the workplace and the benefits for the employees.

As a result, the Fair Work Commission approved the Dowell Windows Pty Ltd (Shepparton) Agreement 2024, effective from the date specified in the agreement. This decision ensures that the terms and conditions set out in the agreement will govern the employment of the relevant employees, provided the agreement remains in force.

Dowell Windows Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established