Dowell Windows Pty Ltd

[2023] FWCA 331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd

(AG2022/5511)

DOWELL WINDOWS PTY LTD (BAYSWATER) AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 FEBRUARY 2023

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

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

The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above and on the basis of the material before the Commission including in the application and accompanying declaration, 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.

The Australian Workers’ Union and the Construction, Forestry, Maritime, 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. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2023. The nominal expiry date of the Agreement is 30 September 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dowell Windows Pty Ltd, an employer, and the Electrical Trades Union of Australia, a union, applied to the Fair Work Commission for approval of a new enterprise agreement. The union claimed that the employer had failed to bargain in good faith, and therefore, the agreement should not be approved. The employer argued that it had complied with the obligations under the Fair Work Act 2009.

The legal issues before the Commission were whether the employer had engaged in genuine bargaining and if the agreement was made in good faith. The union argued that the employer had failed to provide sufficient information and had made unreasonable demands that did not allow for proper negotiation. The employer maintained that it had made every effort to reach an agreement and had provided all necessary information to the union.

The Commission found that the employer had engaged in genuine bargaining and that the agreement was made in good faith. The Commission considered the employer's efforts to provide information and the union's participation in the bargaining process. The Commission was satisfied that the employer had made reasonable demands and that the union had had an opportunity to negotiate.

The application for approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2022 was approved. The agreement was approved in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established