DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows
(AG2019/4971)

DOWELL WINDOWS PTY LTD (GEEBUNG) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2019 (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 T/A Dowell Windows. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Dowell Windows Pty Ltd T/A Dowell Windows for the approval of the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2019. The application was brought to determine the validity of the proposed agreement under the Fair Work Act 2009, specifically focusing on its compliance with the requirements for enterprise agreements. The dispute centred on whether the agreement met the necessary criteria, including the procedural fairness in its development and its adherence to the terms and conditions set forth by the legislation.

The legal issues the court had to address included whether the enterprise agreement was made in good faith, whether it was free from coercion, and if the agreement had been properly negotiated. Furthermore, the court examined whether the agreement covered all the necessary matters as outlined in the Act and if it complied with the procedural requirements, such as the provision of requisite information to the employees. The court also considered whether the agreement would provide a safety net for employees by ensuring they would not be worse off than under the relevant modern award.

In delivering its decision, the Fair Work Commission found that the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2019 was made in good faith, free from coercion, and properly negotiated. The Commission was satisfied that the agreement was compliant with the statutory requirements and provided for all necessary matters, including procedural fairness. The court concluded that the agreement did not result in employees being worse off than they would have been under the applicable modern award, thus meeting the safety net provisions. Consequently, the application for approval of the agreement was successful, and the Dowell Windows Pty Ltd (Geebung) Enterprise Agreement 2019 was approved.

Dowell Windows Pty Ltd T/A Dowell Windows

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established