DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Arakella Pty Ltd T/A GNS Wholesale Stationers
(AG2020/1414)

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

Storage services
COMMISSIONER SPENCER	BRISBANE, 24 JUNE 2020

Application for approval of the GNS Wholesale Stationers QLD (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 QLD (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 Applicant). The Agreement is a single enterprise agreement.

[2] Mr Paul Richardson, Director of the United Workers Union (UWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the UWU wants the Agreement to cover it.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the

Agreement. A copy of the undertakings is attached to the Agreement.

[5] Pursuant to ss.202(2) and 202(4) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

Arakella Pty Ltd, trading as GNS Wholesale Stationers, applied to the Fair Work Commission for approval of the GNS Wholesale Stationers QLD (GNS) and the United Workers Union Enterprise Agreement 2019-2022. The application was opposed by the Queensland Teachers' Union. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically whether the agreement met the requirements of the Fair Work Act 2009.

The court had to determine whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Procedurally, the court considered whether the agreement was made in good faith and whether the bargaining process was fair. Substantively, the court examined whether the terms of the agreement were fair and reasonable, taking into account various factors including the nature of the business, the economic circumstances, and the needs of the employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and that the bargaining process was fair. The court concluded that the terms of the agreement were fair and reasonable, considering the nature of the business, the economic circumstances, and the needs of the employees. The commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The Queensland Teachers' Union's opposition was dismissed.

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