Dowell Windows Pty Ltd T/A Dowell Windows

[2018] FWCA 318

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows

(AG2017/4515)

Dowell Windows Pty Ltd (Hobart) Enterprise Agreement 2017

Tasmania
Commissioner Johns	SYDNEY, 16 JANUARY 2018

Application for approval of the Dowell Windows Pty Ltd (Hobart) Enterprise Agreement 2017.

On 27 September 2017 Dowell Windows Pty Ltd T/A Dowell Windows (Applicant) made an application for approval of the Dowell Windows Pty Ltd (Hobart) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Building and Construction Commission (ABCC) for the approval of the Dowell Windows Pty Ltd (Hobart) Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The primary issue before the court was whether the enterprise agreement, which contained a number of pay rates and conditions, was appropriately structured to ensure fairness and compliance with the relevant legislation.

The court needed to determine whether the agreement met the criteria for approval under the Act, specifically focusing on whether it provided for appropriate pay rates and conditions, and whether it was fair and reasonable in all its terms. This involved assessing whether the pay rates and conditions within the agreement were commensurate with the work performed and whether they were in line with the applicable industry awards and benchmarks. The court also had to consider whether the agreement provided for adequate protections for employees, including provisions for minimum working hours and overtime, and whether it was consistent with the broader objectives of the Fair Work Act.

The court found that the enterprise agreement was generally fair and reasonable. It was noted that the pay rates and conditions within the agreement were largely consistent with those provided for in the applicable industry awards. The court also found that the agreement provided for adequate protections for employees, including provisions for minimum working hours and overtime. However, the court made some minor adjustments to the agreement to ensure it met all the requirements of the Fair Work Act. These adjustments included clarifying certain provisions and ensuring that the agreement was consistent with the broader objectives of the Act.

The court approved the enterprise agreement with the minor adjustments noted above. The final orders of the court required the parties to implement the approved agreement and to take all necessary steps to give effect to its terms. The court also ordered that the agreement be registered with the Fair Work Commission. The decision provides important guidance for employers and employees in the construction industry, as well as for the ABCC in its role in approving enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established