Application for approval of the Trend Windows Heatherbrae - Enterprise Agreement - 2025-2026.

[1] Trend Windows & Doors Pty Limited (Applicant) has made an application for approval of an enterprise agreement known as the Trend Windows Heatherbrae - Enterprise Agreement - 2025-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) issued to employees identified the title of the proposed agreement as "Trend Windows & Doors Pty Ltd (Cardiff, NSW) Enterprise Agreement", which differed from the title of the Agreement the subject of this approval application. The Applicant submitted that this discrepancy arose as a result of the relocation of its operations from the Cardiff site to Heatherbrae, NSW. I am satisfied that this discrepancy constitutes a minor technical error for the purposes of s188(5)(a) and that employees covered by the Agreement were not likely to have been disadvantaged by the error.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. 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. The undertaking is taken to be a term of the agreement.

[4] Subject to the undertaking 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] Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[6] Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] The Agreement lodged contained a cross-referencing error at clause 9.2. The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2026. The nominal expiry date of the Agreement is 13 May 2026.

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