DECISION

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

Trend Windows & Doors Pty Limited T/A Trend Windows & Doors
(AG2021/160)

TREND QUEENSLAND - ENTERPRISE AGREEMENT 2020 - 2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 16 FEBRUARY 2021

Application for approval of the Trend Queensland - Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Trend Queensland - Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trend Windows & Doors Pty Limited T/A Trend Windows & Doors (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model consultation term is attached to the Agreement.

[5] The Australian Workers’ Union (the AWU) 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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

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CaseChat Overview and Summary

Trend Windows & Doors Pty Limited, trading as Trend Windows & Doors, applied for the approval of the Trend Queensland Enterprise Agreement 2020-2024. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which would affect the employees working in Trend Windows & Doors' Queensland operations. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act 2009, and if it appropriately balanced the interests of both employers and employees. The Commission had to ensure that the agreement did not contain any provisions that would be contrary to public policy or undermine the protection of employees' rights. Additionally, the Commission considered whether the agreement had been made in good faith and whether the necessary bargaining processes were followed.

The Fair Work Commission found that the proposed agreement complied with the necessary legal standards. The Commission was satisfied that the agreement was made in good faith, met the formal requirements for registration, and appropriately balanced the interests of both parties. The Commission noted that the agreement contained provisions that protected employees' rights and did not contravene public policy. Therefore, the application for approval was granted.

The Commission approved the Trend Queensland Enterprise Agreement 2020-2024, effective from the date of the Commission's decision. The agreement now serves as the legally binding contract governing the employment terms and conditions for employees in Trend Windows & Doors' Queensland operations.

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