The Australian Workers’ Union

[2014] FWCA 1906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/3833)

BRADNAM’S WINDOWS AND DOORS PTY LTD (KINGS PARK) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MARCH 2014

Application for approval of the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the transport Workers Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Workers’ Union, seeking approval for the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2013. The dispute centred on whether the terms of the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. This required the Commission to assess whether the agreement was genuinely negotiated, provided for a fair and efficient workplace, and met other statutory requirements.

The legal issues before the Commission included whether the agreement contained terms that were sufficiently clear and specific, whether the negotiation process was bona fide and free from coercion, and whether the agreement provided for fair and efficient terms and conditions of employment. The Commission had to determine whether the agreement complied with the requirements of section 230 of the Act, which mandates that enterprise agreements must be certified as meeting the "better off overall test" and be free from prohibited content.

In delivering its decision, the Commission examined the terms of the agreement and the evidence provided by the parties regarding the negotiation process. The Commission concluded that the agreement met the legal requirements for certification. The terms were found to be clear and specific, the negotiation process was deemed to be genuine, and the agreement provided for fair and efficient terms and conditions of employment. The Commission certified the agreement as meeting the better off overall test and found it to be free from prohibited content.

The Commission approved the Bradnam’s Windows and Doors Pty Ltd (Kings Park) Enterprise Agreement 2013, certifying it as a valid enterprise agreement under the Fair Work Act 2009. This decision provided certainty to the parties and established the terms and conditions of employment for the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established