Trend Windows and Doors Pty Limited Summary

[2014] FWCA 3601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows and Doors Pty Limited
(AG2014/778)

TREND WINDOWS QUEENSLAND - ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Trend Windows Queensland - Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Queensland - Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Trend Windows and Doors Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 March 2014.

[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, being a bargaining representative for the Agreement, has 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 that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 1 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows and Doors Pty Limited, the applicant, sought approval of the Trend Windows Queensland - Enterprise Agreement 2013-2015. The respondent, the Queensland Building and Construction General On-Site Workers Union, did not oppose the application but raised concerns regarding the scope of the agreement. The case was heard by the Fair Work Commission.

The central legal issues were whether the proposed enterprise agreement fell within the legislative framework of the Fair Work Act 2009, and whether the agreement adequately covered the terms and conditions of employment for the relevant workforce. Additionally, the court had to consider whether the agreement met the requirements for a single-enterprise agreement, including whether it provided for a fair and efficient process for resolving disputes.

The Fair Work Commission examined the proposed agreement against the statutory criteria outlined in the Fair Work Act. It found that the agreement was comprehensive and provided for fair terms and conditions of employment, as well as an efficient process for resolving disputes. The Commission noted the absence of opposition from the respondent union and the overall alignment of the agreement with legislative intent. Consequently, the Commission approved the Trend Windows Queensland - Enterprise Agreement 2013-2015.

The final orders of the Commission were that the Trend Windows Queensland - Enterprise Agreement 2013-2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Commission and made available to the parties and the public. The Commission also noted that any disputes arising under the agreement would be subject to the processes outlined within the agreement itself.

Trend Windows and Doors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established