Trend Windows and Doors Pty Ltd

[2022] FWCA 833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows and Doors Pty Ltd

(AG2022/458)

TREND WINDOWS OURIMBAH ENTERPRISE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER P RYAN	SYDNEY, 9 MARCH 2022

Application for approval of the Trend Windows Ourimbah Enterprise Agreement 2021

Trend Windows and Doors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Trend Windows Ourimbah Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining representative

The Construction Forestry, Maritime and Energy Union (the CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Trend Windows and Doors Pty Ltd for the approval of the Trend Windows Ourimbah Enterprise Agreement 2021. The dispute arose from the negotiation process of the agreement between the employer and its employees, represented by the Electrical Trades Union of Australia. The application was heard by the Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it provided for the proper classification of employees, and whether it included the necessary minimum entitlements for employees. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant national employment standards.

In its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith and that it provided for the proper classification of employees and included the necessary minimum entitlements. The Commission also found that the agreement was in the best interests of the employees and complied with all relevant national employment standards. As a result, the Commission approved the Trend Windows Ourimbah Enterprise Agreement 2021.

The Fair Work Commission approved the Trend Windows Ourimbah Enterprise Agreement 2021, finding that it complied with all necessary criteria under the Fair Work Act. The Commission's decision provides guidance for employers and employees in the negotiation and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established