DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2016/187)

TREND QUEENSLAND - ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2016

Application for approval of the Trend Queensland - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Trend Queensland - 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, have 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.

[6] The Agreement was approved on 1 March 2016 and, in accordance with s.54, will operate from 8 March 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited, the applicant, sought approval of the Trend Queensland - Enterprise Agreement 2015-2018. The applicant argued the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner R K Wilson, was tasked with determining whether the agreement was fit for approval.

The court examined whether the agreement complied with the Fair Work Act, specifically focusing on sections regarding the registration of enterprise agreements. The key issues revolved around whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms and conditions, and if it was appropriately certified by the Australian Building and Construction Commission. Additionally, the court assessed whether the agreement met the requirement of being "better off overall" for employees, considering both financial and non-financial terms.

Commissioner R K Wilson concluded that the agreement was appropriately negotiated in good faith and contained the necessary minimum terms. The court found that the agreement met the statutory requirements for approval, including the "better off overall" test. The certification by the Australian Building and Construction Commission was deemed valid, and the agreement was found to be fair and reasonable for the employees involved.

The Fair Work Commission approved the Trend Queensland - Enterprise Agreement 2015-2018. The decision was made on the basis that the agreement met all statutory requirements under the Fair Work Act and was fair and reasonable for the employees. The court's approval was a significant step forward in formalising the terms and conditions of employment for the workers covered by the agreement.

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