DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Ltd
(AG2018/6351)

TREND WINDOWS AWU GIRRAWEEM - ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2019

Application for approval of the Trend Windows AWU Girraween - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows AWU Girraween - Enterprise Agreement 2018 (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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Trend Windows & Doors Pty Ltd applied for approval of the Trend Windows AWU Girraween - Enterprise Agreement 2018. The applicant is an employer in the window and door manufacturing industry, while the respondent is the Australian Workers' Union, which represents the applicant's employees. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue was whether the agreement met the formal requirements for approval, including the mandatory provisions set out in the Fair Work Act. The applicant argued that the agreement was appropriately negotiated and reflected the needs of both parties. The union contended that the agreement failed to adequately address certain conditions of employment, thus breaching statutory obligations.

The Commission examined the negotiation process, the terms of the agreement, and its compliance with the mandatory provisions. It found that while the agreement was the product of genuine negotiations, certain clauses did not meet the statutory standards. Specifically, the Commission identified issues with the notice periods for termination and the handling of shift patterns. After negotiations, the parties reached an amended agreement that addressed the identified shortcomings. The Commission approved the amended agreement, finding it to be fair and compliant with the legislative requirements.

The final orders included the approval of the amended Trend Windows AWU Girraween - Enterprise Agreement 2018, with specific conditions to ensure ongoing compliance with the Fair Work Act.

Trend Windows & Doors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established