Dowell Windows Pty Ltd Summary

[2023] FWCA 1890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd

(AG2023/1712)

DOWELL WINDOWS PTY LTD (GEEBUNG) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 27 JUNE 2023

Application for approval of the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 30 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Dowell Windows Pty Ltd applied to the Fair Work Commission for approval of the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2022. The respondent, Australian Manufacturing Workers' Union, contested the application. The nature of the dispute was the validity and enforceability of the enterprise agreement, focusing on whether it complied with the relevant legislative requirements and protected employees' rights. The Fair Work Commission, led by Commissioner D'Abbs, was tasked with determining whether the agreement met the standards set out in the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement had been made in good faith, if it provided for the proper payment of wages and conditions, and if it included adequate dispute resolution mechanisms. Additionally, the Commission had to consider if the agreement met the requirements for coverage, such as the number of employees involved and the proper notification processes. The Commission's role was to ensure that the agreement was fair and reasonable, balancing the interests of both employers and employees.

The Commission found that the agreement had been made in good faith and included appropriate provisions for wages and conditions. It also found that the dispute resolution mechanisms were adequate and that the agreement was properly notified and covered the requisite number of employees. The Commission was satisfied that the agreement met all statutory requirements and did not undermine the rights or protections of employees. Therefore, the Commission approved the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2022.

In approving the agreement, the Commission issued orders confirming its validity and enforceability, ensuring that both parties were bound by its terms. The Commission also directed that the agreement be registered with the Fair Work Commission and that any necessary amendments be made to comply with the Fair Work Act 2009. This decision provided clarity and legal certainty for both Dowell Windows Pty Ltd and the Australian Manufacturing Workers' Union, allowing them to proceed with their employment arrangements under the approved enterprise agreement.

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