DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows and Doors Pty Ltd
(AG2021/3954)

TREND WINDOWS AWU GIRRAWEEN – ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Trend Windows AWU Girraween - Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows AWU Girraween – Enterprise Agreement 2020-2023 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from this Approval. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows and Doors Pty Ltd, an Australian company, sought approval of the Trend Windows AWU Girraween - Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, which is tasked with overseeing the terms and conditions of employment in Australia. The Australian Workers’ Union (AWU) and the employer disputed the fairness and compliance of the proposed agreement.

The primary legal issues for the Commission to consider were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it was fair and reasonable in terms of the employees' conditions. This involved examining the process by which the agreement was made, including whether it was genuinely negotiated and if it covered all necessary terms. The Commission also needed to ensure that the agreement did not undermine the safety nets provided by the modern awards.

In delivering its decision, the Commission found that the agreement had been genuinely negotiated between the parties and contained all the mandated terms. The Commission was satisfied that the agreement was fair and reasonable, noting that it provided employees with benefits that went beyond those set out in the relevant modern award. The Commission approved the application, stating that the agreement was in the best interests of the employees and would promote harmonious, productive and cooperative workplace relations.

The Commission ordered that the Trend Windows AWU Girraween - Enterprise Agreement 2020-2023 be approved and registered. This decision will have legal effect from the date of registration, binding the parties and ensuring that the terms of the agreement are enforceable in accordance with the Fair Work Act.

Trend Windows and Doors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established