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

[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

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.

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.

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.

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.

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

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CaseChat Overview and Summary

Trend Windows and Doors Pty Limited, trading as Trend Windows and Doors Pty Ltd, applied to the Fair Work Commission for the approval of a collective enterprise agreement, which was proposed for the employees of the company in Victoria. The dispute centred around the validity and enforceability of certain clauses in the agreement, specifically those relating to wage increases, working hours, and employee benefits. The case was heard by the Fair Work Commission, an Australian federal statutory body responsible for the resolution of employment disputes.

The primary legal issues the court had to address were whether the agreement met the statutory requirements set out in the Fair Work Act 2009 and if the negotiation process adhered to the principles of good faith bargaining. The court examined if the agreement provided adequate protections and benefits to the employees, ensuring it complied with the minimum standards prescribed by the Act. The dispute also involved scrutiny of the process by which the agreement was reached, ensuring that both parties engaged in genuine bargaining.

In its decision, the Fair Work Commission found that the collective enterprise agreement largely met the statutory requirements and reflected the principles of good faith bargaining. The court approved the agreement, noting that it provided fair and reasonable terms and conditions for the employees, including provisions for wage increases and employee benefits. The court determined that the negotiation process was conducted in good faith and the agreement was not likely to have an adverse effect on the employees or the employer. Consequently, the agreement was approved and will now be enforceable as a binding contract between the parties.

The court's final orders included the approval of the collective enterprise agreement, effective from the date of the decision. The agreement was deemed to be in compliance with the relevant statutory provisions, and both parties were directed to adhere to the terms and conditions set out in the approved document. The decision reinforces the importance of ensuring that collective agreements are negotiated in good faith and meet the minimum standards required by the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established