DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2016/3463)

TREND WINDOWS AWU GIRRAWEEN - ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Trend Windows AWU Girraween - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows AWU Girraween - Enterprise Agreement 2015-2018 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Trend Windows & Doors Pty Limited, an employer, and the Australian Workers' Union (AWU), the union representing the employees. The dispute was brought before the Fair Work Commission (FWC), where Trend Windows sought approval for a proposed Enterprise Agreement (EA) with its employees. This EA was intended to cover the period from 2015 to 2018.

The primary legal issues before the Commission were whether the EA met the requirements of the Fair Work Act 2009 (FW Act) and whether it was made in accordance with the principles of good faith bargaining. Specifically, the Commission had to assess if the EA was genuinely negotiated and if it provided for fair terms and conditions of employment. The AWU argued that certain provisions of the EA did not meet these requirements and that the negotiation process was not conducted in good faith.

The Commission examined the negotiation process and the content of the EA in detail. It found that Trend Windows had engaged in genuine bargaining, and the provisions of the EA were fair and reasonable. The Commission noted that the union had been given adequate opportunity to negotiate and that the terms of the EA reflected the economic realities faced by the company. Consequently, the Commission approved the EA, finding it to be in compliance with the FW Act and the principles of good faith bargaining.

The Fair Work Commission approved the Trend Windows AWU Girraween - Enterprise Agreement 2015-2018, confirming its compliance with the FW Act and the principles of good faith bargaining. This decision was based on the evidence that Trend Windows had genuinely negotiated with the AWU and that the terms of the EA were fair and reasonable.

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