Group Newsagency Supplies Summary

[2013] FWCA 8811

The attached document replaces the document previously issued with the above code on 8 November 2013.

The document has been refiled to correct the paragraph numbering.

Melissa Nassios

Associate to Commissioner Roe

Dated 15 November 2013

[2013] FWCA 8811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Group Newsagency Supplies
(AG2013/11106)

GROUP NEWSAGENCY SUPPLIES QLD (GNS) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Group Newsagency Supplies QLD (GNS) and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Group Newsagency Supplies QLD (GNS) and National Union of Workers 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 (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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 15 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this application were Group Newsagency Supplies QLD and the National Union of Workers. They sought approval of their enterprise agreement from 2013. The dispute was heard by the Fair Work Commission. The Commission was tasked with determining whether the enterprise agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission included the validity of certain clauses in the agreement, particularly those relating to employment conditions, wages, and other terms of employment. The Commission had to examine whether these clauses met the requirements of the Fair Work Act and whether they provided a fair and reasonable outcome for the employees. Additionally, the Commission considered whether the agreement had been fairly and properly negotiated.

The Fair Work Commission found that the enterprise agreement was largely compliant with the Fair Work Act. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for the employees. The Commission highlighted that the agreement contained provisions that were beneficial to the employees, including provisions on wages, hours of work, and other employment conditions. The Commission also noted that the agreement had been negotiated in good faith and was in the best interests of the employees.

The Fair Work Commission approved the Group Newsagency Supplies QLD and National Union of Workers Enterprise Agreement 2013. The Commission found that the agreement was compliant with the Fair Work Act and provided a fair and reasonable outcome for the employees. The Commission also noted that the agreement had been negotiated in good faith and was in the best interests of the employees.

Group Newsagency Supplies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established