Arakella Pty Ltd T/A GNS Wholesale Stationers T/A GNS Wholesale Stationers
[2024] FWCA 2991
•14 AUGUST 2024
| [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
<AE525800 PR778305>
Annexure A
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