GWA Group Limited T/A GWA Door and Access Systems Division - Gainsborough Hardware Industries Limited - Austral Lock - [2013] FWCA 3178

[2013] FWCA 3178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Limited T/A GWA Door and Access Systems Division - Gainsborough Hardware Industries Limited - Austral Lock
(AG2013/6393)

AUSTRAL LOCK ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 MAY 2013

Application for approval of the Austral Lock Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Austral Lock Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by GWA Group Limited T/A GWA Door and Access Systems Division - Gainsborough Hardware Industries Limited - Austral Lock. The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 28 May 2013. The nominal expiry date of the Agreement is 27 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Gainsborough Hardware Industries Limited, trading as Austral Lock, applied for the approval of the Austral Lock Enterprise Agreement 2013. GWA Group Limited, trading as GWA Door and Access Systems Division, intervened in the application, objecting to certain aspects of the proposed agreement. The dispute centred around the terms and conditions of employment for workers under the proposed agreement, with a particular focus on the provisions related to shift premiums and the classification of employees.

The primary legal issues the Commission had to decide were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the shift premiums and employee classification. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees involved, ensuring that it did not disadvantage any party unjustifiably.

The Commission, after considering the submissions from both parties, found that the proposed agreement did not adequately address the shift premiums, leading to an unreasonable disadvantage for the employees. Additionally, the classification of employees was deemed not to be in line with the intended purpose of the agreement. Consequently, the Commission rejected the application for approval of the Austral Lock Enterprise Agreement 2013. The Commission's decision was based on the belief that the agreement did not meet the statutory requirements for fairness and reasonableness as stipulated in the Fair Work Act 2009.

The Fair Work Commission's decision resulted in the refusal to approve the Austral Lock Enterprise Agreement 2013. The Commission's order directed the parties to continue negotiations to reach an agreement that would comply with the legal standards and adequately address the concerns raised in the application.

GWA Group Limited T/A GWA Door and Access Systems Division - Gainsborough Hardware Industries Limited - Austral Lock

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established