GWA Group Limited T/A GWA Bathrooms & Kitchens Summary

[2014] FWCA 6420

FAIR WORK COMMISSION

DECISION

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

GWA Group Limited T/A GWA Bathrooms & Kitchens
(AG2014/7432)

GWA BATHROOMS & KITCHENS (SOUTHERN REGION) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2014 (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 & Kicthens (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 National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of GWA Group Limited trading as GWA Bathrooms & Kitchens, the Fair Work Commission was presented with an application for the approval of the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2014. The dispute arose as a result of negotiations between the applicant company and the union representing the employees, the Australian Manufacturing Workers' Union. The application sought to approve the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issues the Commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for minimum entitlements, and if it was made in good faith and without coercion. Additionally, the Commission needed to consider if the agreement contained appropriate dispute resolution mechanisms and if it provided for a fair and reasonable outcome for both the employer and the employees.

The Commission determined that the agreement met the necessary criteria for approval. It was found that the agreement provided for all minimum entitlements required by the Fair Work Act, including appropriate rates of pay, leave provisions, and other benefits. Furthermore, the Commission was satisfied that the agreement was made in good faith and without any form of coercion. The dispute resolution mechanisms were deemed adequate, and the overall terms of the agreement were considered fair and reasonable, balancing the interests of both the employer and the employees.

In conclusion, the Fair Work Commission approved the GWA Bathrooms & Kitchens (Southern Region) Enterprise Agreement 2014, finding it to be compliant with the requirements of the Fair Work Act 2009. The approved agreement will now govern the terms and conditions of employment for the relevant employees in the southern region of GWA Bathrooms & Kitchens.

GWA Group Limited T/A GWA Bathrooms & Kitchens

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established