DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arakella Pty Ltd T/A GNS Wholesale Stationers
(AG2020/2579)

GNS WHOLESALE STATIONERS VIC (GNS) AND THE UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019-2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arakella Pty Ltd T/A GNS Wholesale Stationers. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that clause 11.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The United 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GNS Wholesale Stationers sought approval of a new enterprise agreement. The United Workers Union was the bargaining representative for the employees. The Commission was required to decide whether the agreement was in the interests of the employees. The dispute centred on several issues, including whether the agreement provided for appropriate protections and entitlements for employees, whether the agreement was fairly negotiated, and whether it complied with the relevant legislative requirements.

The Commission considered various factors, including the bargaining process, the content of the agreement, and the views of the parties. The Commission found that the agreement provided for appropriate protections and entitlements for employees, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement was fairly negotiated and complied with the relevant legislative requirements. The Commission concluded that the agreement was in the interests of the employees and approved it.

The Fair Work Commission approved the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2019-2022. The Commission found that the agreement provided for appropriate protections and entitlements for employees, was fairly negotiated, and complied with the relevant legislative requirements. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the employees are adequately protected under the terms of the agreement.

Arakella Pty Ltd T/A GNS Wholesale Stationers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established