DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GWA Group Limited T/A GWA Bathrooms & Kitchens
(AG2014/10465)

GWA BATHROOMS & KITCHENS (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2015

Application for approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015 (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 & Kitchens (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 14 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, GWA Group Limited, trading as GWA Bathrooms & Kitchens, applied for the approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015. The application was brought in response to the need for the agreement to be formally approved as a protected action immunity agreement under the Fair Work Act 2009. The agreement, which was entered into between the company and the Australian Manufacturing Workers' Union, aimed to regulate various employment terms and conditions for the employees of GWA Bathrooms & Kitchens in Western Australia.

The primary legal issue the Commission was required to decide was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement contained the required minimum terms, was free from prohibited content, and was made in good faith. Additionally, the Commission had to determine if the agreement was sufficiently accessible and understandable to the employees it covered.

In considering the application, the Commission examined the content of the agreement, including its compliance with the minimum terms and conditions set out in the Fair Work Act 2009. The Commission also evaluated whether the agreement was made in good faith, considering the bargaining positions of both parties and the process through which the agreement was negotiated. After thorough deliberation, the Commission found that the agreement met all the necessary criteria for approval. The agreement was deemed to be comprehensive, contained the required minimum terms, and was made without any prohibited content. Consequently, the Commission approved the enterprise agreement, thereby granting it protected action immunity status.

The Fair Work Commission approved the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015, providing it with protected action immunity status under the Fair Work Act 2009. This decision ensures that the agreement can now operate as intended, governing the employment terms and conditions for the employees of GWA Bathrooms & Kitchens in Western Australia.

GWA Group Limited T/A GWA Bathrooms & Kitchens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established