DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reefnale Pty Ltd T/A Total Window Concepts
(AG2015/7188)

TOTAL WINDOW CONCEPTS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

Application for approval of the Total Window Concepts Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Total Window Concepts Enterprise 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 Reefnale Pty Ltd T/A Total Window Concepts. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy 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 15 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter in Reefnale Pty Ltd T/A Total Window Concepts involved an application for the approval of the Total Window Concepts Enterprise Agreement 2015. The Fair Work Commission was asked to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was brought forward by the employer, Reefnale Pty Ltd, trading as Total Window Concepts, while the Australian Building Construction Employees and Builders Labourers Federation (NSW/ACT) acted as the employee representative.

The central legal issues before the Commission were whether the agreement provided for the proper classification of employees, included adequate provisions for minimum rates of pay, provided for suitable terms and conditions, and met the requirement of being free from prohibited content. The Commission also had to determine if the agreement provided for the proper handling of employee grievances and disputes. Additionally, the fairness and balance of the agreement in terms of its provisions and the process of its negotiation were under scrutiny.

In delivering its decision, the Commission found that the Total Window Concepts Enterprise Agreement 2015 adequately addressed the classification of employees and provided for appropriate minimum rates of pay and conditions. The agreement included provisions that ensured the fair treatment of employees and provided a structured process for the resolution of disputes. The Commission concluded that the agreement was free from prohibited content and that the negotiation process was fair and balanced. Consequently, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement will govern the employment of the relevant employees until the agreement expires or is replaced.

Reefnale Pty Ltd T/A Total Window Concepts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established