DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Dowell Windows
(AG2015/4534)

DOWELL WINDOWS PTY LTD (HOBART) AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2015

Application for approval of the Dowell Windows Pty Ltd (Hobart) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Hobart) Agreement 2015 (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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2015. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Fair Work Commission to approve an enterprise agreement titled the Dowell Windows Pty Ltd (Hobart) Agreement 2015. This agreement was made between Dowell Windows Pty Ltd, trading as Dowell Windows, and its employees. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was heard in the Federal Court of Australia.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of its provisions and the process by which it was made. The court needed to determine if the agreement was genuinely negotiated, free from any improper conduct, and whether it contained the appropriate minimum terms and conditions as stipulated by the Act. The applicant argued that the agreement met all necessary criteria, while the respondent contested certain aspects of the agreement, claiming it failed to comply with specific legal standards.

The court examined the negotiation process and contents of the agreement in detail. It found that the agreement was genuinely negotiated between the parties and that there was no evidence of any improper conduct during the negotiation process. The court also concluded that the agreement contained all the required minimum terms and conditions as set out in the Fair Work Act. Given these findings, the court was satisfied that the agreement was compliant with the necessary legal standards and approved it. The court's decision was based on a thorough review of the evidence and the applicable legal framework.

The final orders of the court were that the Dowell Windows Pty Ltd (Hobart) Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision allows the agreement to come into effect and govern the employment terms and conditions of the employees of Dowell Windows Pty Ltd in Hobart.

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