DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2016/779)

TREND WINDOWS OURIMBAH COLLECTIVE ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 11 MAY 2016

Application for approval of the Trend Windows Ourimbah Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Ourimbah Collective Enterprise Agreement (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 Construction, Forestry, Mining and Energy 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 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Trend Windows & Doors Pty Limited, sought approval for the Trend Windows Ourimbah Collective Enterprise Agreement from the Fair Work Commission. The respondent, the Australian Manufacturing Workers' Union, opposed the application on various grounds, including the argument that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the collective enterprise agreement complied with the statutory requirements outlined in the Fair Work Act, particularly focusing on whether it met the criteria for an enterprise agreement. The court needed to determine if the agreement contained the necessary provisions and if it had been made in good faith and without coercion, amongst other things. The respondent argued that the agreement failed to meet several statutory requirements, while the applicant maintained that it was a valid and compliant agreement.

In examining the agreement, the court found that the applicant had not provided sufficient evidence to demonstrate that the agreement had been made in good faith. The court also noted that the agreement did not contain all the required provisions as stipulated by the Fair Work Act. Consequently, the court held that the agreement did not meet the statutory criteria for approval and dismissed the application. The court found that the respondent's opposition was well-founded and that the applicant had not discharged the onus of proving that the agreement was valid.

The court's final order was that the application for approval of the Trend Windows Ourimbah Collective Enterprise Agreement be dismissed. The court also directed that the costs of the application be paid by the applicant to the respondent. This decision underscores the importance of ensuring that all statutory requirements are met when drafting and approving enterprise agreements under the Fair Work Act.

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