DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows
(AG2017/828)

DOWELL WINDOWS PTY LTD (BAYSWATER) AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 MAY 2017

Application for approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Bayswater) Agreement 2016 (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 Applicant 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.

[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 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 would like the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dowell Windows Pty Ltd, trading as Dowell Windows, applied to the Fair Work Commission for the approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2016. The application was brought pursuant to section 232 of the Fair Work Act 2009. The respondents to the application, including various trade unions, opposed the application on the basis that the agreement did not meet the requirements of a "better off overall test" (BOOT) under section 230 of the Act. The dispute centred on whether the proposed agreement provided employees with conditions that were no worse than those provided by the relevant industrial instrument and whether it contained appropriate dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. This included whether the agreement provided employees with conditions that were at least as good as those in the relevant industrial instrument, and whether it contained appropriate mechanisms for the resolution of disputes. The Commission also considered whether the agreement provided for appropriate consultation processes and whether it complied with other relevant legislative requirements.

In reaching its decision, the Commission carefully examined the terms of the agreement and the evidence provided by the parties. The Commission found that the agreement did provide employees with conditions that were at least as good as those in the relevant industrial instrument and that it included appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement complied with other relevant legislative requirements, including those relating to consultation processes. Accordingly, the Commission approved the agreement, finding that it met the statutory criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Dowell Windows Pty Ltd (Bayswater) Agreement 2016, finding that it met the statutory criteria for approval under the Fair Work Act. The Commission found that the agreement provided employees with conditions that were at least as good as those in the relevant industrial instrument and that it included appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement complied with other relevant legislative requirements, including those relating to consultation processes. The Commission's decision provides guidance to employers and employees on the requirements for an approved enterprise agreement under the Fair Work Act.

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