Trend Windows And Doors Pty Limited Summary

[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

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

Trend Windows and Doors Pty Limited sought approval for a new enterprise agreement, the Trend Queensland – Enterprise Agreement 2024-2027, from the Fair Work Commission. The application for approval was made by the employer, who argued that the agreement was in the best interests of the employees. The dispute arose from the negotiation and proposed terms of the agreement, which were to cover the period from 2024 to 2027. The application was brought before the Commission to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. The procedural requirements included whether the agreement was genuinely negotiated and whether there was sufficient representation of the employees. The substantive requirements focused on whether the agreement provided for fair and reasonable terms and conditions of employment, ensuring it did not undermine the protection of employees' rights. The Commission had to determine if the proposed agreement met these criteria and whether it was in the best interests of the employees.

In considering these issues, the Commission reviewed the evidence presented by both the employer and the employees' representatives. It examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been genuinely negotiated and that there was adequate representation of the employees. Furthermore, the terms and conditions of the agreement were deemed fair and reasonable, and it was concluded that the agreement was in the best interests of the employees. Therefore, the Commission approved the Trend Queensland – Enterprise Agreement 2024-2027.

The final orders of the Commission approved the Trend Queensland – Enterprise Agreement 2024-2027, recognising it as a registered agreement under the Fair Work Act 2009. The agreement, which sets out the terms and conditions of employment for the specified period, is now legally binding on the employer and the employees covered by the agreement. This approval ensures that the rights and obligations of the parties are governed by the terms of the enterprise agreement, providing a framework for their industrial relationship.

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