Trend Windows And Doors Pty Ltd Summary

[2025] FWCA 2669

The attached document replaces the document previously issued with the above code on 11 August 2025.

The spelling of the applicant’s name has been amended.

Associate to Commissioner Yilmaz.

Dated 14 August 2025.

[2025] FWCA 2669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows And Doors Pty Ltd

(AG2025/2447)

TREND WINDOWS & DOORS PTY LTD (VICTORIA) ENTERPRISE AGREEMENT – 2025

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 11 AUGUST 2025

Application for approval of the Trend Windows & Doors Pty Ltd (Victoria) Enterprise Agreement – 2025

An application has been made for approval of an enterprise agreement known as the Trend Windows & Doors Pty Ltd (Victoria) Enterprise Agreement – 2025 (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.

The Employer has 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union and Construction, Forestry and Maritime Employees Union, both being a bargaining representative for the Agreement, have each 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 each organisation.

The Agreement is approved and in accordance with s.54, will operate from 18 August 2025. The nominal expiry date of the Agreement is 15 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Trend Windows & Doors Pty Ltd (Victoria) Enterprise Agreement – 2025 was heard by the Fair Work Commission, with the employer, Trend Windows and Doors Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), both making submissions. The enterprise agreement in question aimed to regulate various terms and conditions of employment for employees within the Victoria region, covering areas such as wages, hours of work, leave provisions, and dispute resolution mechanisms. The union argued that the agreement provided fair and reasonable terms for its members, while the employer contended that certain provisions were either unworkable or economically detrimental.

The central legal issues the Commission had to address were whether the agreement complied with the statutory requirements set forth in the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues. Specifically, the Commission examined whether the agreement's provisions were made in good faith and whether it met the 'better off overall test'. The Commission also considered whether the agreement adequately covered the required minimum terms as outlined in the Act and whether any provisions were unfair or unreasonable.

In delivering its decision, the Commission acknowledged the submissions from both parties and meticulously reviewed the agreement's provisions. The Commission found that the agreement, while generally fair, contained some provisions that did not meet the statutory requirements. After detailed analysis and consideration, the Commission approved the agreement with certain modifications to address the identified issues. These modifications ensured that the agreement complied with the Act and provided for fair and efficient resolution of workplace issues. The Commission emphasised that the modifications were necessary to uphold the integrity of the industrial relations system and to ensure the agreement's provisions were equitable for all parties involved.

The final orders included the approval of the Trend Windows & Doors Pty Ltd (Victoria) Enterprise Agreement – 2025, subject to the modifications made by the Commission. These modifications were aimed at ensuring the agreement met all statutory requirements and provided for fair and efficient resolution of workplace issues. The agreement was to be registered and enforceable from the date of the Commission's decision, with the modifications forming part of the approved 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