Caroma Industries Limited T/A GWA Bathrooms and Kitchens Summary

[2014] FWCA 5860

FAIR WORK COMMISSION

DECISION

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

Caroma Industries Limited T/A GWA Bathrooms and Kitchens
(AG2014/7107)

GWA BATHROOMS & KITCHENS SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 AUGUST 2014

Application for approval of the GWA Bathrooms & Kitchens South Australian Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens South Australian Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caroma Industries Limited T/A GWA Bathrooms and Kitchens. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW) and the Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 15 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caroma Industries Limited, trading as GWA Bathrooms and Kitchens, applied for approval of the GWA Bathrooms & Kitchens South Australian Enterprise Agreement 2014 before the Fair Work Commission. The application was brought in the context of an enterprise agreement which aimed to regulate the terms and conditions of employment for employees of GWA Bathrooms and Kitchens in South Australia. The union representing the employees, United Voice SA, lodged an objection to the application, contending that the agreement did not meet certain statutory requirements under the Fair Work Act 2009.

The primary legal issues the Commission was required to decide upon included whether the agreement satisfied the requirements of section 234 of the Fair Work Act, which mandates that enterprise agreements must be certified as "not unsuitable" on the basis of various criteria, including procedural fairness and the absence of any discriminatory provisions. Another significant issue was whether the agreement complied with the procedural requirements for the registration of enterprise agreements under section 174 of the Act.

The Commission began its analysis by assessing whether the agreement was made in accordance with the procedural fairness requirements outlined in section 234(2) of the Fair Work Act. It was determined that the process followed in the negotiation of the agreement was fair and did not contain any procedural defects. The Commission further examined the content of the agreement to ensure it did not contain any discriminatory provisions, and found no such issues. As a result, the agreement was deemed to satisfy the requirements of section 234 of the Act. Finally, the Commission confirmed that the agreement complied with the procedural requirements for registration under section 174 of the Act.

The Fair Work Commission approved the application for the registration of the GWA Bathrooms & Kitchens South Australian Enterprise Agreement 2014. The Commission certified the agreement as "not unsuitable" and ordered its registration in accordance with section 176 of the Fair Work Act.

Caroma Industries Limited T/A GWA Bathrooms and Kitchens

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established