Dowell Windows Pty Ltd T/A Dowell Windows Summary

[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

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.

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

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowell Windows Pty Ltd, trading as Dowell Windows, brought an application before the Fair Work Commission for the approval of the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2023. The application sought to formalise the terms and conditions of employment for the employees of Dowell Windows, specifically those at their Smithfield location. The dispute arose from negotiations between the company and the employees' representatives, leading to the proposed enterprise agreement, which the company sought to have approved by the Fair Work Commission.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This involved an assessment of whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the provisions regarding genuine agreement. Additionally, the Commission had to determine if the agreement provided adequate protections and entitlements for the employees, and if it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the proposed agreement had been made in good faith and contained all the required minimum terms and conditions. The Commission determined that the agreement had been genuinely agreed upon by the parties, and that it provided fair and reasonable terms for the employees. Furthermore, the Commission was satisfied that the agreement was consistent with the broader objectives of the Fair Work Act, including promoting high levels of employment and economic prosperity. Based on these findings, the Commission approved the Dowell Windows Ltd (Smithfield) Enterprise Agreement 2023.

Dowell Windows Pty Ltd T/A Dowell Windows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established