Gwa Group Limited Summary

[2022] FWCA 25

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gwa Group Limited

(AG2021/8989)

GWA Bathroom and Kitchens Northern Region Enterprise Agreement 2017

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 JANUARY 2022

Application for approval of the GWA Bathroom and Kitchens Northern Region Enterprise Agreement 2017

An application has been made for approval of an enterprise agreement to be known as the GWA Bathroom and Kitchens Northern Region Enterprise Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gwa Group Limited (Employer). The Agreement is a single enterprise agreement.

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 13 January 2022. The nominal expiry date of the Agreement is 6 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gwa Group Limited sought approval of an enterprise agreement from the Fair Work Commission. The agreement, proposed by the employer, was intended to regulate the terms and conditions of employment for employees in the Northern Region. The case was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The legal issues before the Commission were primarily focused on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and substantive fairness. The Commission had to determine if the agreement was made in good faith, if it provided for a genuine enterprise bargaining process, and if it contained terms and conditions that were fair and reasonable.

The Fair Work Commission found that the enterprise agreement was made in good faith and followed the necessary procedural requirements. The Commission was satisfied that the agreement provided for a genuine enterprise bargaining process, as evidenced by the negotiations between the parties and the efforts made to reach a consensus. The substantive terms of the agreement were also found to be fair and reasonable, providing appropriate protections and benefits to the employees. As such, the Commission approved the enterprise agreement.

The final orders of the Commission were that the GWA Bathroom and Kitchens Northern Region Enterprise Agreement 2017 be approved and registered. This decision allows the agreement to come into effect and govern the employment terms and conditions for the employees within the specified region.

Gwa Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established