DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd
(AG2021/6138)

DOWELL WINDOWS (QUEANBEYAN) ENTERPRISE AGREEMENT 2020

Building services
COMMISSIONER JOHNS	SYDNEY, 20 JULY 2021

Application for approval of the Dowell Windows (Queanbeyan) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows (Queanbeyan) Enterprise Agreement 2020 (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.

[2] 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

Dowell Windows Pty Ltd recently faced a court application concerning the approval of the Dowell Windows (Queanbeyan) Enterprise Agreement 2020. The applicant, Dowell Windows, sought approval of the agreement which outlined the terms and conditions of employment for its employees in Queanbeyan. The application was made under the Fair Work Act 2009, with the Fair Work Commission as the relevant body to grant approval. The proceedings were held in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the agreement met the statutory criteria for approval and if it was made in accordance with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was made without any improper conduct, and if it complied with the procedural requirements. Additionally, the court assessed whether the agreement was in the best interest of the employees, considering factors such as fairness, benefits, and overall working conditions.

The court examined the evidence presented by both parties and analysed the provisions of the agreement. It found that the agreement was a genuine enterprise agreement as it was made without any coercion or improper influence. The court was satisfied that the agreement was made in compliance with the procedural requirements set out in the Fair Work Act. Furthermore, the court considered the fairness of the agreement and concluded that it was in the best interests of the employees, as it provided for reasonable working conditions and benefits. Based on these findings, the court approved the Dowell Windows (Queanbeyan) Enterprise Agreement 2020.

The court's decision was in favour of the applicant, and the Dowell Windows (Queanbeyan) Enterprise Agreement 2020 was approved. The court's order granted the necessary approval for the agreement to come into effect and be binding on the employees and the employer. This decision provided clarity and certainty for the parties involved and ensured that the agreement would govern the terms and conditions of employment in accordance with the Fair Work Act.

Dowell Windows Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established