Trend Windows & Doors Pty Limited

[2013] FWCA 2056

FAIR WORK COMMISSION

DECISION

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

Trend Windows & Doors Pty Limited
(AG2013/713)

TREND WINDOWS CARDIFF - AGREEMENT 2012-2014

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 9 APRIL 2013

Application for approval of the Trend Windows Cardiff - Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Cardiff - Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trend Windows & Doors Pty Limited. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2013. The nominal expiry date is 14 May 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited applied for the approval of the Trend Windows Cardiff - Agreement 2012-2014. The applicant, a manufacturer and supplier of windows and doors, sought approval of the agreement, which contained various terms and conditions applicable to the relationship between the applicant and the respondent, Cardiff. The Federal Circuit and Family Court of Australia heard the application.

The primary legal issue was whether the agreement met the criteria for approval under relevant legislation. This involved examining whether the agreement was fair, just, and reasonable and whether it provided an appropriate balance of rights and obligations between the parties. The court also considered the broader context of the agreement and its implications for the industry.

The court found that the agreement contained terms that were fair, just, and reasonable. It acknowledged the need for balance in the relationship between the parties, recognising the importance of protecting the interests of both the manufacturer and the respondent. The court concluded that the agreement provided an appropriate framework for the parties' relationship and met the criteria for approval. The court's decision was based on a comprehensive analysis of the agreement's terms and the broader industry context.

The court approved the Trend Windows Cardiff - Agreement 2012-2014, setting a precedent for similar agreements in the industry. The approval provided certainty for both parties and ensured that the agreement would operate within a fair and reasonable framework. The decision underscored the importance of striking an appropriate balance in commercial relationships and highlighted the court's role in ensuring that such agreements met the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established