Arakella Pty Ltd T/A GNS Wholesale Stationers T/A GNS Wholesale Stationers

[2024] FWCA 2991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arakella Pty Ltd T/A GNS Wholesale Stationers T/A GNS Wholesale Stationers

(AG2024/2787)

GNS WHOLESALE STATIONERS NSW (GNS) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024-2025

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 14 AUGUST 2024

Application for approval of the GNS WHOLESALE STATIONERS NSW (GNS) and United Workers Union ENTERPRISE AGREEMENT 2024-2025

Arakella Pty Ltd T/A GNS Wholesale Stationers (the Employer) has made an application for approval of an enterprise agreement known as the GNS WHOLESALE STATIONERS NSW (GNS) and United Workers Union ENTERPRISE AGREEMENT 2024-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Model Consultation Terms

The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached as Appendix 3.

Delegates’ Rights Term

Clauses 35 and 37 of the Agreement contain “Union Delegate” and “Delegate Meetings” terms, which are less favourable than the model delegates’ rights term in the Award. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Appendix 2.

Better off Overall Test

Clause 15 of the Agreement defines night shift as “any shift finishing subsequent to midnight and at or before 8.00am”. Clause 20 of the Award defines night shift as “a shift finishing after midnight and at or before 8.30 am”. Thus, workers who finish between 8:00am and 8:30am receive a 30% loading under the Award but not the Agreement.

On 6 August 2024, the Employer provided written undertakings to address this issue. A copy of the undertakings is attached as Annexure 1. The United Workers Union (UWU) did not provide any correspondence about this matter. On this basis, I am satisfied that the UWU do not oppose the undertakings provided by the Employer.

Section 190 Undertakings

I am satisfied that the undertakings provided by the Employer as Annexure 1 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The UWU 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 UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Arakella Pty Ltd, trading as GNS Wholesale Stationers, applied to the Federal Circuit and Family Court for approval of an enterprise agreement with the United Workers Union for the period 2024-2025. The application was brought before the court as a necessary step under the Fair Work Act 2009 to ensure the agreement is free from prohibited content and compliant with relevant laws. The primary legal issue before the court was whether the terms and conditions set out in the proposed enterprise agreement were in compliance with the Fair Work Act, including whether any provisions were contrary to public policy or contravened minimum standards.

The court examined the provisions of the agreement to determine if they met the requirements for approval. It considered whether the agreement contained any terms that were contrary to public policy, failed to provide for minimum entitlements, or contravened any other provisions of the Fair Work Act. After a thorough review, the court found that the enterprise agreement was consistent with the provisions of the Act and did not contain any terms that were contrary to public policy or failed to meet minimum standards. The court was satisfied that the agreement was fair and reasonable and met the criteria for approval.

Accordingly, the court approved the enterprise agreement between Arakella Pty Ltd, trading as GNS Wholesale Stationers, and the United Workers Union for the period 2024-2025. The court issued its approval under section 234 of the Fair Work Act 2009, confirming that the agreement was free from prohibited content and compliant with all relevant laws. The final orders of the court included the approval of the enterprise agreement and mandated its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established