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

[2023] FWCA 2119

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

(AG2023/2151)

GNS WHOLESALE NSW (GNS) ENTERPRISE AGREEMENT 2022-2024

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 JULY 2023

Application for approval of the GNS Wholesale NSW (GNS) Enterprise Agreement 2022-2024

An application has been made for approval of an enterprise agreement to be known as the GNS Wholesale NSW (GNS) Enterprise Agreement 2022-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arakella Pty Ltd T/A GNS Wholesale Stationers (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 10 July 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Arakella Pty Ltd, trading as GNS Wholesale Stationers, applied for the approval of the GNS Wholesale NSW (GNS) Enterprise Agreement 2022-2024. The application was brought before the Fair Work Commission, the designated authority responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009 (Cth). The primary dispute involved the terms and conditions set forth in the proposed enterprise agreement and whether they complied with the legislative requirements for approval.

The central legal issues that the Commission was tasked with resolving were whether the proposed enterprise agreement met the statutory criteria for approval, including whether it was free from prohibited content, whether it was made in good faith, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to consider whether the agreement complied with the procedural requirements, such as proper consultation and the provision of relevant information to employees.

Upon examining the evidence and submissions presented, the Commission found that the GNS Wholesale NSW Enterprise Agreement 2022-2024 complied with all statutory requirements. The agreement was deemed to be free from prohibited content and was made in good faith, with fair and reasonable terms and conditions. The Commission also determined that the procedural requirements were satisfied, with appropriate consultation and information provided to employees. Therefore, the application for approval was granted.

The Fair Work Commission approved the GNS Wholesale NSW Enterprise Agreement 2022-2024, effective from the date of the decision. The approved agreement will now govern the terms and conditions of employment for the relevant employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established