DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2016/7016)

TREND WINDOWS AND DOORS PTY LTD (SOUTH AUSTRALIA) COLLECTIVE ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Trend Windows and Doors Pty Ltd (South Australia) Collective Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows and Doors Pty Ltd (South Australia) Collective Enterprise Agreement 2016-2018 (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 & Doors Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Trend Windows & Doors Pty Limited, an Australian corporation, applied for approval of the Trend Windows and Doors Pty Ltd (South Australia) Collective Enterprise Agreement 2016-2018. The applicant is an employer in the aluminium windows and doors manufacturing and installation industry and the respondent, the Building and Construction General On-Site Union, is a trade union representing the employees. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the mandatory bargaining items as required by section 227 of the Act, and whether it was free from prohibited content as per section 174. The applicant argued that the agreement was compliant and free from prohibited content, while the union contended that the agreement failed to meet the mandatory requirements and contained impermissible provisions.

In determining the matter, the Commission examined the provisions of the agreement and found that it adequately covered the mandatory bargaining items including wages, classification, conditions of employment and dispute resolution. The Commission further found that the agreement did not contain any prohibited content, as it did not seek to restrict the activities of the union or otherwise interfere with the employees' right to freedom of association. Accordingly, the Commission approved the agreement, finding it to be compliant with the requirements of the Act.

The Fair Work Commission approved the Trend Windows and Doors Pty Ltd (South Australia) Collective Enterprise Agreement 2016-2018. The Commission found that the agreement met the mandatory requirements and was free from prohibited content. The employer and the union were directed to give the agreement effect in accordance with the terms of the approval.

Trend Windows & Doors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established