Trend Windows And Doors Pty Limited

[2024] FWCA 4375

[2024] FWCA 4375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows And Doors Pty Limited

(AG2024/4468)

TREND QUEENSLAND – ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 9 DECEMBER 2024

Application for approval of the Trend Queensland – Enterprise Agreement 2024-2027

1. Trend Windows And Doors Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Trend Queensland – Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 July 2024 and the Agreement was made on 31 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers’ Union (the AWU), being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2024. The nominal expiry date of the Agreement is 1 September 2027.

COMMISSIONER

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