DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Limited T/A Trend Windows & Doors
(AG2019/2089)

TREND QUEENSLAND - ENTERPRISE AGREEMENT 2018-2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 AUGUST 2019

Application for approval of the Trend Queensland - Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trend Queensland - Enterprise Agreement 2018-2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited, trading as Trend Windows & Doors, was involved in a dispute regarding the approval of an enterprise agreement. The application was heard in the Fair Work Commission. The core issue was whether the agreement met the requirements under the Fair Work Act 2009 for being approved, particularly focusing on the compliance with the good faith bargaining provisions and the fairness test. The parties contested whether the agreement was genuinely negotiated in good faith and if it was fair and reasonable in all its aspects.

The Fair Work Commission considered whether the application for approval of the Trend Queensland – Enterprise Agreement 2018-2020 complied with the legal standards set forth in the Fair Work Act 2009. This involved examining the process of negotiation and whether the agreement reflected the outcome of genuine negotiations in good faith. Additionally, the Commission assessed if the agreement was fair and reasonable, taking into account various factors including the nature of the bargaining, the content of the agreement, and the context in which it was negotiated.

Upon review, the Fair Work Commission found that the enterprise agreement was the product of genuine negotiations conducted in good faith. The Commission was satisfied that the agreement was fair and reasonable, meeting all the statutory requirements for approval. The decision noted that the negotiation process had been transparent and inclusive, and the terms of the agreement were equitable. Consequently, the Commission approved the Trend Queensland – Enterprise Agreement 2018-2020.

Trend Windows & Doors Pty Limited T/A Trend Windows & Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established