GWA Group Limited Summary

[2014] FWCA 4811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Limited
(AG2014/1313)

GWA BATHROOMS AND KITCHENS WETHERILL PARK MANUFACTURING AND DISTRIBUTION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

Application for approval of the GWA Bathrooms and Kitchens Wetherill Park Manufacturing and Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms and Kitchens Wetherill Park Manufacturing and Distribution Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by GWA Group Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union and the National Union of Workers, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 27 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GWA Group Limited applied to the Fair Work Commission to have their Enterprise Agreement approved. The Enterprise Agreement, known as the GWA Bathrooms and Kitchens Wetherill Park Manufacturing and Distribution Enterprise Agreement 2014, was intended to govern the employment conditions of employees working in the Wetherill Park manufacturing and distribution facilities. The application was made in the context of the parties' ongoing negotiations, and the union representing the employees, the Shop, Distributive and Allied Employees Association, did not oppose the application.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement were fair and reasonable, as required by the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for certification, including whether it provided for minimum rates of pay, terms and conditions, and other matters in line with the Fair Work Act, and whether it had been made in good faith. The Commission also needed to consider if the agreement was appropriately negotiated and if it contained provisions that were fair and reasonable for both the employees and the employer.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement was fair and reasonable. The Commission noted that the agreement contained provisions that aligned with the statutory minimum standards and was negotiated in good faith. The terms of the agreement were considered to be fair and reasonable, providing adequate protections and benefits for the employees while also being practical and reasonable for the employer. The Commission was satisfied that the agreement would serve the interests of both parties and promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the GWA Bathrooms and Kitchens Wetherill Park Manufacturing and Distribution Enterprise Agreement 2014, certifying it as a registered agreement under the Fair Work Act 2009. The agreement came into effect from the date of the Commission's decision and applied to the employees covered by the agreement.

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