DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Limited T/A GWA Kitchens and Bathrooms
(AG2017/3853)

GWA BATHROOMS AND KITCHENS NORTHERN REGION ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER WILSON	MELBOURNE, 18 OCTOBER 2017

Application for approval of the GWA Bathrooms and Kitchens Northern Region Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms and Kitchens Northern Region Enterprise Agreement 2017 (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 Kitchens and Bathrooms. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, GWA Group Limited, trading as GWA Kitchens and Bathrooms, applied for approval of the GWA Bathrooms and Kitchens Northern Region Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009. The primary dispute centred on the terms of the enterprise agreement, specifically whether they met the criteria for approval under the Fair Work Act.

The central legal issues were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether the agreement was procedurally and substantively fair. The procedural fairness was assessed by examining if the agreement was made genuinely and without any unfair influence or coercion. Substantive fairness involved determining if the terms of the agreement were fair and reasonable, taking into account various factors such as wage rates, working conditions, and other employment terms.

The Commission examined the evidence and submissions presented by both parties. It found that the agreement had been made in good faith and without any procedural defects. The terms of the agreement were considered fair and reasonable, balancing the interests of both employees and the employer. The Commission approved the agreement, highlighting the importance of the negotiated terms in providing certainty and stability in the workplace.

The final orders included the approval of the GWA Bathrooms and Kitchens Northern Region Enterprise Agreement 2017, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees and employers.

GWA Group Limited T/A GWA Kitchens and Bathrooms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established