Trend Windows & Doors Pty Limited

[2014] FWCA 6089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2014/7126)

TREND WINDOWS CARDIFF - AGREEMENT 2014 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Trend Windows Cardiff - Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Cardiff - Agreement 2014-2016 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 15 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited applied to the Fair Work Commission for approval of the Trend Windows Cardiff - Agreement 2014-2016. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the application on various grounds. The application was heard by the Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act.

The primary issue before the Commission was whether the agreement contained provisions that were contrary to the objects of the Act. The CFMMEU argued that certain provisions in the agreement, including those related to wages and conditions, were not in accordance with the Act. The company, on the other hand, contended that the agreement was fair and reasonable, and that it provided for a better outcome for employees than the applicable awards.

The Commission considered the arguments of both parties and examined the contents of the agreement. The Commission found that while some provisions of the agreement were not in accordance with the Act, these could be severed without affecting the overall fairness of the agreement. The Commission was satisfied that the agreement met the criteria for approval, and accordingly approved the application. The agreement was approved with the condition that it be registered with the Fair Work Commission.

The Commission's decision was based on a careful consideration of the arguments of both parties and a detailed examination of the agreement. The Commission found that the agreement was fair and reasonable, and that it provided for a better outcome for employees than the applicable awards. The Commission approved the application, subject to the condition that the agreement be registered with the Fair Work Commission. This decision provides guidance to employers and unions on the requirements for an agreement to be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established