DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Limited T/A GWA Bathrooms and Kitchens
(AG2018/166)

GWA BATHROOMS & KITCHENS (SOUTHERN REGION) ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 MAY 2018

Application for approval of the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GWA Group Limited T/A GWA Bathrooms and Kitchens. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GWA Group Limited, trading as GWA Bathrooms and Kitchens, sought approval of the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2017. The applicant argued that the agreement was fair and reasonable for the purposes of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Act.

The central legal issue before the Commission was whether the terms and conditions outlined in the proposed agreement met the criteria for fairness and reasonableness. Specifically, the Commission needed to determine if the agreement was free from coercion, contained terms that were not unduly harsh, and had been negotiated in good faith. The applicant argued that the agreement was fair and reasonable, while no other party contested the application.

In rendering its decision, the Commission considered various factors, including the bargaining power of the parties, the negotiation process, and the terms of the agreement itself. The Commission noted that the agreement had been negotiated in good faith and contained terms that were not unduly harsh. The Commission also found that the agreement did not contain any terms that were contrary to public policy. Based on these findings, the Commission concluded that the agreement was fair and reasonable.

The Fair Work Commission approved the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2017, finding it to be fair and reasonable. The agreement now binds the parties and will govern the terms and conditions of employment for the relevant employees.

GWA Group Limited T/A GWA Bathrooms and Kitchens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established