GWA Group Limited T/A GWA Kitchens and Bathrooms

[2022] FWCA 1827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GWA Group Limited T/A GWA Kitchens and Bathrooms

(AG2022/1397)

GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 3 JUNE 2022

Application for approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022

GWA Group Limited T/A GWA Kitchens and Bathrooms (the Employer) has made an application for the approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 10.2(b) – Termination of Employment and Clauses 17.1(a) and 17.3(a) – Personal/Carer’s Leave are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 3 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved GWA Group Limited, trading as GWA Kitchens and Bathrooms, and the Australian Industrial Relations Commission. The dispute centred on the application for approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022. The application was brought before the Commission to determine whether the agreement should be approved under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for approval, including whether it complied with the Fair Work Act, and whether the agreement was made in good faith and covered all relevant employees. The Commission had to consider the bargaining process, the fairness of the terms, and the extent to which the agreement provided for the protection of employees' rights and interests.

The Commission carefully reviewed the evidence presented and found that the agreement had been made in good faith and covered all relevant employees. The terms of the agreement were considered fair and balanced, providing adequate protection for employees' rights and interests. The Commission was satisfied that the agreement met the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022.

The Commission made an order approving the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2022, effective from the date of the approval. The agreement was to be registered and published in accordance with the provisions of the Fair Work Act, ensuring its legal enforceability and accessibility to all relevant parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established