DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd
(AG2021/220)

DOWELL WINDOWS LTD (SMITHFIELD) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 FEBRUARY 2021

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

[1] Dowell Windows Pty Ltd has applied for approval of a single enterprise agreement known as the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Dowell Windows Pty Ltd sought to correct a typographical error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application and related materials, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 24 February 2021 and, in accordance with s.54, will operate from 3 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowell Windows Pty Ltd, the employer, sought approval of a new enterprise agreement with its employees, represented by the United Voice union. The application was brought before the Fair Work Commission, Australia's industrial relations tribunal, to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The United Voice union contested the application, raising concerns about the agreement's provisions, particularly those concerning employee entitlements and working conditions.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act, and whether it provided fair and reasonable terms for the employees. This included an examination of whether the agreement contained the mandated minimum terms and conditions set by the Fair Work Act, and whether it provided for appropriate mechanisms for resolving disputes. The Commission also considered whether the agreement was genuinely negotiated between the employer and the union, and whether it was fair and reasonable in all its terms.

In its decision, the Commission found that the agreement contained all the mandated minimum terms and conditions as prescribed by the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated between the employer and the union, and that it provided for appropriate mechanisms for resolving disputes. The Commission also determined that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the industry and the bargaining positions of the parties. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision provided clarity on the terms of the enterprise agreement, ensuring that it met all legal requirements and provided fair terms for the employees.

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