DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trend Windows and Doors Pty Ltd
(AG2020/4116)

TREND WINDOWS AND DOORS PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the Trend Windows and Doors Pty Ltd (South Australia) Enterprise Agreement 2020-2023.

[1] Trend Windows & Doors Pty Limited has applied for approval of a single enterprise agreement known as the Trend Windows and Doors Pty Ltd (South Australia) Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns and was not opposed by the bargaining representatives.

[3] Trend Windows & Doors Pty Limited sought to correct a typographical error in the original application form which was not opposed. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application and related materials, 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 16 February 2021 and, in accordance with s.54, will operate from 23 February 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Australian Manufacturing Workers' Union to approve the Trend Windows and Doors Pty Ltd (South Australia) Enterprise Agreement 2020-2023. The applicant union sought to have the agreement, which was negotiated between the employer and the union, approved by the Fair Work Commission. The employer, Trend Windows and Doors Pty Ltd, did not oppose the application for approval.

The legal issues that the court was required to decide included whether the agreement was a bona fide enterprise agreement, whether it was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it met the "better off overall test". The court also had to consider whether the agreement was consistent with the national workplace relations system and whether it provided for the proper regulation of wages and other conditions of employment.

In determining the application, the court considered the evidence presented by both parties, including the terms of the agreement and the process by which it was negotiated. The court found that the agreement was a bona fide enterprise agreement that was made in accordance with the relevant provisions of the Act. The court also found that the agreement met the "better off overall test" and was consistent with the national workplace relations system. The court approved the agreement and made the orders sought by the applicant union.

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