DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Limited t/a GWA Bathrooms and Kitchens
(AG2021/11)

GWA NSW DISTRIBUTION ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 FEBRUARY 2021

Application for approval of the GWA NSW Distribution Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the GWA NSW Distribution Enterprise Agreement 2020 (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.

[2] The Employer has provided written undertakings. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 27 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were GWA Group Limited, trading as GWA Bathrooms and Kitchens, and its employees. The dispute centred around the application for the approval of the GWA NSW Distribution Enterprise Agreement 2020. The Fair Work Commission was the court that dealt with the matter.

The legal issues that the Commission needed to address were whether the enterprise agreement complied with the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and interests. The Commission had to determine if the agreement was fair and if it met the criteria for approval under the Act.

In its reasoning, the Commission found that the GWA NSW Distribution Enterprise Agreement 2020 was compliant with the Fair Work Act 2009. It was determined that the agreement provided for fair and reasonable terms, including provisions for wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and just, and it approved the application for its adoption.

The Fair Work Commission's decision was that the GWA NSW Distribution Enterprise Agreement 2020 was approved and would be binding on the parties involved. The Commission's approval ensured that the employees' rights and interests were adequately protected under the terms of the agreement.

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