Dowell Windows Pty Ltd

[2022] FWCA 4619

The attached document replaces the document previously issued with the above code on 30 December 2022.

Paragraph [3] has been inserted.

Associate to Deputy President Easton.

Dated 17 January 2023.

[2022] FWCA 4619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd

(AG2022/5059)

Dowell Windows Pty Ltd (Shepparton) Agreement 2022

Industries not otherwise assigned
DEPUTY PRESIDENT EASTON	SYDNEY, 30 DECEMBER 2022

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

Dowell Windows Pty Ltd (the Employer) has made an application for the approval of the Dowell Windows Pty Ltd (Shepparton) Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Dowell Windows Pty Ltd, applied for an approval of the Dowell Windows Pty Ltd (Shepparton) Agreement 2022. The dispute involved the terms and conditions of employment for the workers in the Shepparton branch of the company, including aspects such as wages, working hours, leave entitlements, and other employment-related matters. The Commission was tasked with evaluating whether the agreement met the requirements of the Fair Work Act 2009 and provided a fair and reasonable set of conditions for the employees.

The primary legal issue before the Commission was whether the Dowell Windows Pty Ltd (Shepparton) Agreement 2022 was consistent with the provisions of the Fair Work Act and if it provided for a fair and reasonable set of conditions for the employees. This involved examining if the agreement complied with the modern award applicable to the workers, and if it met the procedural requirements for an enterprise agreement under the Act. The Commission also had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the Dowell Windows Pty Ltd (Shepparton) Agreement 2022 met the necessary legal requirements and provided for a fair and reasonable set of conditions for the employees. The agreement was consistent with the applicable modern award and adhered to the procedural requirements for an enterprise agreement under the Fair Work Act. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, as it took into account the needs of the business while ensuring that the employees' rights and entitlements were protected.

The Fair Work Commission approved the Dowell Windows Pty Ltd (Shepparton) Agreement 2022, allowing it to be implemented as a legally binding enterprise agreement. The approval ensures that the terms and conditions of employment for the workers in the Shepparton branch of Dowell Windows Pty Ltd are governed by the agreed-upon provisions, providing a stable and fair working environment for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established