Application for approval of the Bradnam's Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement (2025)

[1] This decision deals with an application made for approval of an enterprise agreement known as the Bradnam's Windows & Doors Pty Ltd (South East Queensland) Enterprise Agreement (2025) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bradnam's Windows and Doors Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] Correspondence was sent to the Employer by my Chambers on 22 September 2025 raising a number of concerns specifically:

1. the span of hours that could impact on junior sawyers who are required to commence work at 3.30am or 4.30am, and

2. provisions for non-successive shift loading at clause 18.4 of the agreement could be less than that under the relevant award.

The Employer responded on 24 September 2025 advising that:

1. Junior sawyers have bever been required to commence work at 3.30am or 4.30am. They work the hours of 6am to 2.06am generally and on an infrequent occasion, a junior sawyer may be required to commence work at 5am and work until 1.06pm; and
2. employees do not work a night shift but rather work either a day shift or an afternoon shift. Further that employees are not required, and have not previously been required, to work a non-successive afternoon shift.

I am consequently satisfied that per s. 193A(6A) of the Act that based on what is reasonably foreseeable for the purposes of s.193A(6) of the Act, the type of work performed by employees affected by these terms, satisfies the better off overall test. I note that should this change that pursuant to s.227A of the Act, application may be made for the future reconsideration of whether the agreement passes the BOOT during the life of the Agreement.

[4] The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertaking.

[6] Pursuant to s.190(3) of the Act, I accept the undertakings.

[7] Subject to the undertaking referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

[8] The Agreement does not contain a model flexibility term compliant with the Act. 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.

[9] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 19.7 - Compassionate Leave

However, noting clause 4(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[1] The Australian Workers Union (AWU) and Construction, Forestry and Maritime Employees Union (CFMEU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the CFMEU.

[11] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2028.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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