Trend Windows & Doors Pty Ltd

[2019] FWCA 8058

[2019] FWCA 8058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Ltd
(AG2019/4105)

TREND WINDOWS CARDIFF - AGREEMENT 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the Trend Windows Cardiff - Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Cardiff - Agreement 2019-2021 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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.

[5] 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.

[6] I note that Clauses 9.1(e), 19, 20(b), 20.2(ii)(c) are inconsistent with the National Employment Standards as they provide entitlements which are less beneficial than those entitlements provided under the NES. Given the National Employment Standards precedence clause at clause 7.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 14 November 2021.

DEPUTY PRESIDENT

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Annexure A