Dowell Windows Pty Ltd T/A Dowell Windows

Case

[2024] FWCA 722

26 FEBRUARY 2024


[2024] FWCA 722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows

(AG2024/357)

DOWELL WINDOWS LTD (SMITHFIELD) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER CRAWFORD

SYDNEY, 26 FEBRUARY 2024

Application for approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement2023

  1. An application has been made for approval of an enterprise agreement known as the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2023 (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.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

  1. The Agreement is approved and will operate from 4 March 2024 in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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