Taranto Windows & Doors Pty Ltd

[2024] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Taranto Windows & Doors Pty Ltd

(AG2024/826)

TARANTO WINDOWS & DOORS PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 4 APRIL 2024

Application for approval of the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023.

Taranto Windows & Doors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17B provides that the notification time for the Agreement was 3 February 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 28.2 of the Form F17B provides that the Agreement was made on 7 March 2024.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Agreement was approved on 4 April 2024 and, in accordance with s.54, will operate from 11 April 2024. The nominal expiry date of the Agreement is 4 April 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court was an application by Taranto Windows & Doors Pty Ltd to have the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023 approved. The application was made under the Fair Work Act 2009, seeking the court's endorsement of the agreement which had been negotiated between the company and its employees. The nature of the dispute was essentially procedural, focusing on whether the agreement met the legal requirements for court approval.

The legal issues before the court centred on the compliance of the enterprise agreement with the Fair Work Act 2009. The court needed to determine if the agreement had been fairly negotiated, contained appropriate terms and conditions, and if it adhered to the procedural requirements for seeking court approval. Additionally, the court was tasked with ensuring that the agreement did not adversely affect employees’ safety, health, or welfare.

In delivering its judgment, the court examined the process of negotiation and the content of the agreement. It found that the agreement had been fairly negotiated and contained appropriate terms and conditions. The court also noted that all procedural requirements had been met, and there were no provisions in the agreement that would adversely affect the safety, health, or welfare of the employees. Based on these findings, the court approved the enterprise agreement, confirming that it met all the necessary legal criteria.

The final orders of the court were that the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023 be approved under the Fair Work Act 2009, effective from the date of the court's judgment. The agreement was thus recognised as a legally binding document between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established