[2016] FWCA 6808

The attached document replaces the document previously issued with the above code on 22 September 2016.

The Title is incorrect as per the title clause in the Agreement.

Associate to Commissioner Lee

Dated 22 September 2016.

[2016] FWCA 6808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trend Windows & Doors Pty Ltd
(AG2016/4278)

TREND WINDOWS CARDIFF – AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Trend Windows Cardiff - Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Trend Windows Cardiff - Agreement 2016-2019 (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 Applicant 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] 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] 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.

[7] The Agreement was approved on 22 September 2016 and, in accordance with s.54, will operate from 29 September 2016. The nominal expiry date of the Agreement is 14 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Trend Windows & Doors Pty Ltd, the applicant, the court was tasked with determining whether to approve the Trend Windows Cardiff - Agreement 2016-2019. This agreement was intended to regulate the terms and conditions of employment for workers within the company's Cardiff branch. The respondent to the application was the Australian Workers' Union, which raised concerns about the fairness and effectiveness of the proposed agreement.

The primary legal issue before the court was whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The respondent argued that the agreement did not provide for the proper representation of employees and failed to address certain key conditions of employment. The applicant, on the other hand, contended that the agreement was fair and met all necessary legal standards.

The court found that the agreement did indeed meet the statutory requirements for an enterprise agreement. It was noted that the agreement had been negotiated with proper representation from both parties and covered all necessary terms and conditions. The court also acknowledged that the agreement provided for fair and reasonable working conditions. Consequently, the court granted the application and approved the agreement as compliant with the Fair Work Act 2009.

In light of the court's decision, it was ordered that the Trend Windows Cardiff - Agreement 2016-2019 be approved and registered as a lawful enterprise agreement. The agreement would henceforth govern the employment terms and conditions for the workers at the Cardiff branch of Trend Windows & Doors Pty Ltd.

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