Group Newsagency Supplies Ltd Summary

[2013] FWCA 7078

FAIR WORK COMMISSION

DECISION

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

Group Newsagency Supplies Ltd
(AG2013/9304)

GROUP NEWSAGENCY SUPPLIES (GNS) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Group Newsagency Supplies (GNS) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Group Newsagency Supplies (GNS) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Group Newsagency Supplies Ltd (the Applicant). 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Group Newsagency Supplies Ltd and several unions representing employees within the newsagency sector. The dispute centred around the application for the approval of the Group Newsagency Supplies (GNS) Enterprise Agreement 2013, which sought to establish terms and conditions of employment for the employees involved. The case was heard in the Fair Work Commission, which has the jurisdiction to approve such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included whether the agreement provided for fair and reasonable terms, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement included provisions that were inconsistent with the National Employment Standards (NES) or other relevant provisions of the Act.

In its reasoning, the Commission carefully examined the content of the GNS Enterprise Agreement 2013, ensuring that it aligned with the statutory requirements for approval. The Commission noted that the agreement contained provisions that were consistent with the NES and did not impose terms that were less favourable than those provided by the general law. The Commission was satisfied that the agreement was made in good faith, without any coercion, and that it provided for fair and reasonable terms for the employees. Based on these findings, the Commission approved the agreement, recognising its compliance with the necessary legal standards.

As a result of the Commission's approval, the GNS Enterprise Agreement 2013 was accepted as a legally binding document that would govern the terms and conditions of employment for the relevant employees. This decision ensured that the parties could proceed with the implementation of the agreed terms, providing certainty and stability in their industrial relations framework.

Group Newsagency Supplies Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established