Trend Windows & Doors Pty Limited Summary

[2022] FWCA 2352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trend Windows & Doors Pty Limited

(AG2022/2254)

Trend Windows Cardiff – Enterprise Agreement - 2022-2025

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 JULY 2022

Application for approval of the Trend Windows Cardiff - Enterprise Agreement-2022-2025

An application has been made for approval of an enterprise agreement known as the Trend Windows Cardiff - Enterprise Agreement-2022-2025 (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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 13 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trend Windows & Doors Pty Limited sought approval for a proposed enterprise agreement between itself and its employees. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval, particularly whether it provided for a fair and efficient system of determining wages and other conditions of employment. The Commission also considered whether the agreement provided for genuine enterprise bargaining and if the process that led to the agreement was conducted in good faith.

The Commission found that the proposed agreement was procedurally sound, with the bargaining process conducted in good faith and in accordance with the applicable legislation. The agreement provided for a fair and efficient system of determining wages and other conditions of employment. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it was in the best interests of the employees. The Commission approved the proposed agreement, highlighting that it provided for a reasonable balance of rights and obligations between the parties and was not likely to have any detrimental effect on the national system of industrial relations.

The Fair Work Commission approved the Trend Windows Cardiff - Enterprise Agreement-2022-2025, effective from the date of the decision. The agreement provides for the wages, conditions, and other terms and conditions of employment for employees of Trend Windows & Doors Pty Limited for the period 2022 to 2025. The approval of the agreement is subject to the parties' compliance with the terms and conditions of the agreement and any relevant legislation.

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