DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowell Windows Pty Ltd T/A Wunderlich Plastics
(AG2020/4112)

WUNDERLICH PLASTICS (WETHERILL PARK) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2020 (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 Wunderlich Plastics. 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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing 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 8 February 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowell Windows Pty Ltd, trading as Wunderlich Plastics, applied to the Fair Work Commission for approval of the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2020. The application was made pursuant to section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment of employees within the enterprise, as well as the procedural fairness of the agreement's negotiation and making process. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it was made in good faith and whether it provided for the proper operation of enterprises.

The legal issues before the Commission included whether the agreement was a "single interest" enterprise agreement as defined in the Act, whether the agreement was made in good faith, and whether the process of negotiation and making the agreement was procedurally fair. The Commission examined the bargaining history, the conduct of the parties during negotiations, and the content of the agreement itself. In particular, the Commission considered whether the agreement provided for appropriate pay and conditions for employees, and whether it complied with the "better off overall test" which requires that employees be no worse off under the agreement than they would be under the applicable awards.

After reviewing the evidence and arguments presented by the parties, the Commission found that the agreement was a single interest enterprise agreement and was made in good faith. The Commission also found that the process of negotiation and making the agreement was procedurally fair. The Commission approved the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2020, noting that it provided for appropriate pay and conditions for employees and met the better off overall test. The decision was made on the basis that the agreement provided for a fair and reasonable outcome for both the employer and employees, and was in compliance with the requirements of the Act.

The Fair Work Commission approved the Wunderlich Plastics (Wetherill Park) Enterprise Agreement 2020. The approval is effective from the date of the Commission's decision, and the agreement will apply to the employees covered by it. The decision is final and binding, and cannot be appealed except on limited grounds. The approval of the agreement is an important step towards ensuring that employees within the enterprise have appropriate pay and conditions, and that the employer and employees can work together in a fair and constructive manner.

Dowell Windows Pty Ltd T/A Wunderlich Plastics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established