Dowell Windows Pty Ltd

[2021] FWCA 1688

[2021] FWCA 1688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dowell Windows Pty Ltd
(AG2021/4049)

DOWELL WINDOWS PTY LTD (HOBART) AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MARCH 2021

Application for approval of the Dowell Windows Pty Ltd (Hobart) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Hobart) 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] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] On the basis of the material contained in the application and accompanying declaration, 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.

[4] The Australian Workers’ Union, 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.

[5] I observe that the Clause 11.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking annexed to this Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 29 March 2021 and, in accordance with s.54, will operate from 5 April 2021. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

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ANNEXURE A-