Trend Windows & Doors Pty Limited

[2013] FWCA 7878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trend Windows & Doors Pty Limited
(AG2013/9681)

TREND WINDOWS OURIMBAH COLLECTIVE ENTERPRISE AGREEMENT AND SHALL REMAIN IN FORCE UNTIL 1ST OCTOBER 2015

Manufacturing and associated industries
COMMISSIONER MACDONALD	SYDNEY, 10 OCTOBER 2013

Application for approval of the Trend Windows Ourimbah Collective Enterprise Agreement and shall remain in force until 1st October 2015.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Ourimbah Collective Enterprise Agreement and shall remain in force until 1st October 2015 (the Agreement). The application was made by Trend Windows & Doors Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union Forestry and Furnishing Products Division 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 17 October 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited sought approval for the Trend Windows Ourimbah Collective Enterprise Agreement from the Fair Work Commission. The applicant sought to have the agreement approved to ensure it remained in force until 1st October 2015. The legal issues the court needed to decide included whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was appropriate for the agreement to remain in force until the specified date.

The court examined the provisions of the agreement, the process by which it was made, and the coverage of the agreement. The court considered whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The court also considered the effect of the agreement on the employees and the employer, as well as the broader implications for the industry. The court found that the agreement was made in accordance with the requirements of the Act and was appropriate for approval. The court also found that the agreement was fair and reasonable and provided for the efficient operation of the business.

The court approved the Trend Windows Ourimbah Collective Enterprise Agreement and determined that it should remain in force until 1st October 2015. The court considered that the agreement was in the best interests of the employees and the employer, and would promote harmonious industrial relations. The court found that the agreement provided for fair and reasonable terms and conditions, and was made in good faith and without coercion. The court also considered the impact of the agreement on the industry and found that it would not have an adverse effect on competition or the efficient operation of the business. The court ordered that the agreement be approved and remain in force until the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established