DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Ltd
(AG2018/2804)

TREND WINDOWS & DOORS PTY LTD (VICTORIA) COLLECTIVE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Trend Windows and Doors Pty Ltd (Victoria) Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows and Doors Pty Ltd (Victoria) Collective Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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 12 September 2018. The nominal expiry date of the Agreement is 15 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Trend Windows & Doors Pty Ltd, the applicant, a registered Australian employer, applied to the Fair Work Commission for the approval of a collective enterprise agreement, which was negotiated between the company and the Retail and Fast Food Workers Union. The respondent, an Australian union, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement contained all the required terms and conditions, including minimum wages and conditions, as well as any other terms and conditions necessary to protect the interests of the employees. The respondent argued that the agreement did not adequately protect the employees' interests, particularly in relation to the provision of penalty rates and leave entitlements. The Commission had to consider the arguments of both parties and determine whether the agreement was in the best interests of the employees.

After considering the arguments of both parties, the Commission found that the agreement contained all the required terms and conditions and was in the best interests of the employees. The Commission noted that the agreement provided for a significant increase in wages and conditions for the employees and that the union had conducted extensive consultation with its members before negotiating the agreement. The Commission also found that the agreement provided adequate protection for the employees' interests, including provisions for penalty rates and leave entitlements. As a result, the Commission approved the agreement, and the applicant's application was successful.

The Fair Work Commission approved the Trend Windows and Doors Pty Ltd (Victoria) Collective Enterprise Agreement 2017, finding that it contained all the required terms and conditions and was in the best interests of the employees. The Commission rejected the respondent's argument that the agreement did not adequately protect the employees' interests and found that the agreement provided significant improvements in wages and conditions for the employees. The approval of the agreement means that it will now be legally binding on the applicant and the employees covered by the agreement.

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