Trend Windows & Doors Pty Limited Summary

[2014] FWCA 2475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited
(AG2014/407)

TREND WINDOWS AWU GIRRAWEEN - ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the Trend Windows AWU Girraween - Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows AWU Girraween - Enterprise Agreement 2013-2015 (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 18 April 2014. The nominal expiry date of the Agreement is 31 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited applied for approval of an enterprise agreement under the Fair Work Act 2009. The agreement was intended to cover workers in the Australian Workers Union Girraween branch for the period 2013-2015. The application was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the enterprise agreement was made in good faith and whether it complied with the procedural requirements of the Fair Work Act. The Commission examined if the agreement had been properly negotiated, if the parties had acted in good faith, and if the agreement contained the necessary provisions as per the Fair Work Act.

The Commission found that the enterprise agreement was made in good faith and that it complied with the procedural requirements of the Fair Work Act. The evidence presented showed that the agreement was the result of genuine negotiations between the parties, and that both parties had acted in good faith throughout the negotiation process. The agreement also contained all the necessary provisions required by the Act. Therefore, the application for approval was granted.

The Fair Work Commission approved the Trend Windows AWU Girraween - Enterprise Agreement 2013-2015, finding it to be fair and reasonable in all its terms. The agreement was to be registered and would apply to the employees covered by the agreement from the date of approval.

Trend Windows & Doors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established