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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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Dowell Windows Pty Ltd, trading as Dowell Windows, for the approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2019. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement, with a particular focus on the classification of employees and the associated pay rates. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the proposed agreement provided for a fair and efficient workplace, as required by section 235 of the Fair Work Act. This involved assessing whether the agreement ensured fair and equitable pay and conditions, and whether it allowed for the efficient operation of the business. Another key issue was whether the agreement provided adequate protections for employees, particularly in terms of their classification and remuneration.

The Fair Work Commission examined the proposed agreement clause by clause, focusing on whether the terms aligned with the principles of fairness and efficiency. The Commission considered the evidence provided by both Dowell Windows Pty Ltd and the relevant employee representatives. It concluded that the agreement did meet the necessary standards for approval, as it provided for fair and efficient workplace arrangements and adequate protections for employees. The Commission noted that the proposed pay rates and conditions were in line with industry benchmarks and did not disadvantage the employees.

In its decision, the Fair Work Commission approved the Dowell Windows Pty Ltd (Bayswater) Agreement 2019, effective from the date of the decision. The Commission determined that the agreement would operate in a manner that ensured fair and efficient workplace arrangements and provided adequate protections for the employees. The approval of the agreement allows Dowell Windows Pty Ltd to implement the new terms and conditions as outlined in the agreement, subject to the conditions set by the Fair Work Commission.

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