Arakella Pty Ltd T/A Gns Wholesale Stationers

[2023] FWCA 484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Arakella Pty Ltd T/A Gns Wholesale Stationers

(AG2023/30)

GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2022-2025

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 FEBRUARY 2023

Application for approval of the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement to be known as the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2022-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arakella Pty Ltd T/A Gns Wholesale Stationers (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services And Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model and/or flexibility clause

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.

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement. The applicant, Arakella Pty Ltd trading as GNS Wholesale Stationers, sought the approval of the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2022-2025. The dispute centred around the validity and fairness of the terms and conditions outlined in the proposed agreement, which was to govern the employment relationship between GNS Wholesale Stationers and its employees represented by the United Workers Union. The court was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for a fair and reasonable rate of pay, adequate conditions for leave, and appropriate safeguards against unfair dismissal. Additionally, the court had to assess whether the agreement complied with the procedural requirements of the Fair Work Act, including the provision of a copy of the agreement to employees and the opportunity for employees to make submissions. The court also needed to consider whether the agreement was made in good faith and without coercion, as required by the legislation.

The court found that the agreement met the necessary standards for approval. It determined that the proposed rates of pay and conditions for leave were fair and reasonable, taking into account the industry standards and the specific circumstances of the employer and employees. The court further concluded that the agreement complied with the procedural requirements of the Fair Work Act, as evidenced by the provision of copies of the agreement to employees and the opportunity for them to make submissions. Moreover, the court was satisfied that the agreement was made in good faith and without coercion, as there was no evidence to suggest otherwise.

The Fair Work Commission approved the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2022-2025, finding it to be fair and reasonable, and in compliance with the relevant provisions of the Fair Work Act. The court's decision provides clarity on the standards for approving enterprise agreements and reinforces the importance of ensuring that agreements are made in good faith and without coercion. This decision will serve as a useful reference for employers, employees, and unions in the context of future enterprise agreement negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established