DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arakella Pty Ltd T/A GNS Wholesale Stationers
(AG2016/7967)

GNS WHOLESALE NSW (GNS) ENTERPRISE AGREEMENT 2016 - 2019

Storage services
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the GNS Wholesale NSW (GNS) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the GNS Wholesale NSW (GNS) Enterprise Agreement 2016 - 2019 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] The National Union of Workers 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.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Arakella Pty Ltd, trading as GNS Wholesale Stationers, applied for the approval of the GNS Wholesale NSW (GNS) Enterprise Agreement 2016-2019. The dispute centred around the fairness and coverage of the proposed agreement, with the Australian Services Union objecting to certain provisions on the grounds of procedural unfairness and inequity.

The Commission was required to determine whether the agreement was fairly negotiated, properly worded, and whether it contained terms that were procedurally and substantively fair. The specific concerns raised by the union included issues regarding the classification of employees, the rates of pay, and the process through which the agreement was negotiated.

The Commission examined the evidence presented on the negotiation process, including the conduct of the parties and the steps taken to ensure fair representation. It also considered the arguments about the fairness of the terms themselves, including the rates of pay and conditions for different classifications of employees. After reviewing the submissions and evidence, the Commission concluded that the agreement was procedurally fair and that the parties had acted in good faith. The Commission found that the terms were also substantively fair, taking into account the economic climate and industry standards. The application was therefore approved.

The Commission's decision was that the GNS Wholesale NSW (GNS) Enterprise Agreement 2016-2019 was approved in its entirety, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to its terms.

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