Trend Windows And Doors Pty Ltd Summary

[2024] FWCA 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows And Doors Pty Ltd

(AG2023/5380)

TREND WINDOWS AWU GIRRAWEEN ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 JANUARY 2024

Application for approval of the Trend Windows AWU Girraween Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement to be known as the Trend Windows AWU Girraween Enterprise Agreement 2023-2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trend Windows and Doors Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

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

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2024. The nominal expiry date of the Agreement is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows And Doors Pty Ltd sought approval of the Trend Windows AWU Girraween Enterprise Agreement 2023-2026, an agreement reached between the company and the Australian Workers' Union. The agreement's approval was sought before the Fair Work Commission (FWC) to ensure its compliance with the Fair Work Act 2009 (Cth). The union and the employer were engaged in discussions to formalise their terms of employment, including wages, conditions, and other workplace practices. The FWC was tasked with determining whether the proposed agreement met the legal requirements and provided for the fair and efficient operation of the workplace.

The central legal issue the FWC had to address was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This test ensures that employees are no worse off and are better off overall under the proposed agreement compared to the applicable award or previous agreement. The FWC considered the agreement's provisions on wages, hours, and other conditions of employment, as well as the impact on employees' overall remuneration package. The FWC also assessed whether the agreement adhered to the procedural requirements set out in the Fair Work Act.

The FWC determined that the proposed agreement satisfied the BOOT requirement. The commission found that employees would be better off overall due to increased wages and other benefits provided in the agreement. The FWC also found that the agreement met all procedural requirements, including proper consultation between the parties and the provision of necessary information to the employees. The FWC concluded that the agreement was in the best interests of the employees and would operate fairly and efficiently in the workplace.

The FWC approved the Trend Windows AWU Girraween Enterprise Agreement 2023-2026, making it a legally binding agreement between the company and the union. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. This decision provided clarity and certainty for both the employer and the employees, ensuring a fair and effective workplace agreement.

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