Dowell Windows Pty Ltd

Case

[2023] FWCA 331

2 FEBRUARY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE519064  PR750163>

Annexure A

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