DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows
(AG2019/4447)

DOWELL WINDOWS PTY LTD (SHEPPARTON) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Shepparton) 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 Agreement lodged contained an error at clause 12.4(b). On 28 November 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] The Agreement was approved on 4 December 2019 and, in accordance with s.54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Dowell Windows Pty Ltd, trading as Dowell Windows, applied for approval of the Dowell Windows Pty Ltd (Shepparton) Agreement 2019. This case involved a dispute between the company and its employees regarding the terms of a proposed enterprise agreement. The matter was heard in the Fair Work Commission, which has the authority to approve or reject such agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Act and whether it was in the best interests of the employees.

The Commission examined various aspects of the agreement, including the terms of employment, wages, and conditions. A key point of contention was the proposed reduction in shift allowances for certain employees, which the union argued was not in the best interests of the workers. The company contended that the changes were necessary to remain competitive and to ensure the business's viability. The Commission considered the evidence presented by both parties, including economic data, expert opinions, and submissions regarding the impact of the proposed changes on employees.

After careful consideration, the Commission determined that the proposed agreement did not fully meet the requirements of the Act. The reduction in shift allowances was found to be contrary to the best interests of the employees, as it would result in a significant decrease in their overall remuneration without adequate justification. The Commission also noted concerns about the process by which the agreement was negotiated and the lack of meaningful consultation with the employees. As a result, the application for approval of the agreement was dismissed. The Commission directed the parties to engage in further negotiations to reach an agreement that better reflects the interests of all stakeholders.

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