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[12]
austlii:cth/FWCA/2025/3309
General information, not legal advice.
FWCA
2025-10-02
Original judgment source is linked above.
s.185 - Enterprise agreement
Aurora Australis Holdings T/A Canterbury Windows and Doors
CANTERBURY WINDOWS AND DOORS ENTERPRISE AGREEMENT 2025
Application for approval of the Canterbury Windows and Doors Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as Canterbury Windows and Doors Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurora Australis Holdings T/A Canterbury Windows and Doors (Canterbury Windows). The Agreement is a single enterprise agreement.
Interaction with the National Employment Standards
[2] Canterbury Windows has provided an undertaking in relation to the interaction between the Agreement and the NES - the NES precedence clause. This undertaking, which is taken to be a term of the Agreement pursuant to s 191(1) of the Act, provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.
[3] On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
Clause 5.5 of the Agreement deals with annual leave but is silent on the manner in which annual leave is to accrue and be paid.
Clauses 5.5 and 36.8 of the Agreement, which refer to public holidays, do not contain a comprehensive list of public holidays (as is set out in s 115 of the Act), and do not make clear that while a reasonable request may be made that an employee work on a public holiday, an employee is entitled to be absent from employment on a day or part day that is a public holiday, and may refuse a request made that they work (as is set out in 114 of the Act).
[4] 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.
[5] The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU) 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 CFMEU.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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