Trend Windows and Doors Pty Limited T/A Trend Windows and Doors Pty Ltd

[2022] FWCA 566

[2022] FWCA 566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows and Doors Pty Limited T/A Trend Windows and Doors Pty Ltd

(AG2021/9340)

Trend Windows & Doors Pty Ltd (Victoria) Collective Enterprise Agreement - 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Trend Windows & Doors Pty Ltd (Victoria) Collective Enterprise Agreement - 2021

1. An application has been made for approval of an enterprise agreement known as the Trend Windows & Doors Pty Ltd (Victoria) Collective Enterprise Agreement - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trend Windows and Doors Pty Limited T/A Trend Windows and Doors Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 10.1(e) the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 25 February 2022. The nominal expiry date of the Agreement is 15 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515023  PR738527>