Dowell Windows Pty Ltd Trading As Dowell Windows Summary

[2025] FWCA 1393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowell Windows Pty Ltd Trading As Dowell Windows

(AG2025/893)

DOWELL WINDOWS PTY LTD (BAYSWATER) AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 28 APRIL 2025

Application for approval of the Dowell Windows Pty Ltd (Bayswater) Agreement 2024

An application has been made for approval of an enterprise agreement known as the Dowell Windows Pty Ltd (Bayswater) Agreement 2024 (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 Trading As Dowell Windows. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union and The Australian Workers’ Union, each being a bargaining representative for the Agreement, have each 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 5 April 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Dowell Windows Pty Ltd, trading as Dowell Windows, and the Australian Industrial Relations Commission, where the applicant sought approval for the Dowell Windows Pty Ltd (Bayswater) Agreement 2024. The primary dispute centred on the terms of the proposed enterprise agreement and its implications for employees under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including provisions on pay rates, working conditions, and other employment terms.

The legal issues the court needed to address included whether the proposed agreement provided for a fair and reasonable assessment of the employees' interests, and if it complied with the procedural requirements outlined in the Fair Work Act. Additionally, the court examined whether the agreement adhered to the 'better off overall test', ensuring that employees would not be worse off financially by the terms of the agreement. The applicant also needed to demonstrate that the agreement had been fairly negotiated and that proper consultation processes were followed.

In rendering its decision, the Australian Industrial Relations Commission considered the evidence presented by both parties and evaluated the proposed agreement against statutory benchmarks. The Commission found that the Dowell Windows Pty Ltd (Bayswater) Agreement 2024 was fair and reasonable, met the procedural requirements, and satisfied the better off overall test. The court emphasised the importance of the consultation processes and the overall benefits to employees, ultimately approving the agreement. The court's decision was grounded in the need to balance the interests of both employers and employees, ensuring compliance with the legislative framework governing industrial relations.

The final orders of the court approved the Dowell Windows Pty Ltd (Bayswater) Agreement 2024, subject to the terms and conditions set out in the agreement. The decision affirmed that the agreement would come into effect as per the specified commencement date, and both parties were directed to adhere to the terms outlined within the approved agreement. The Commission also directed that any disputes arising from the agreement would be subject to the dispute resolution processes provided within the Fair Work Act.

Dowell Windows Pty Ltd Trading As Dowell Windows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established