Dowell Windows Pty Ltd T/A Dowell Windows

[2020] FWCA 84

[2020] FWCA 84

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows
(AG2019/4506)

DOWELL WINDOWS PTY LTD (BAYSWATER) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Bayswater) 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 7 January 2020 and, in accordance with s.54, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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