DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Ltd T/A GWA Bathrooms and Kitchen’s Wetherill Park Distribution Centre
(AG2017/4903)

GWA NSW DISTRIBUTION ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER SAUNDERS	NEWCASTLE, 21 NOVEMBER 2017

Application for approval of the GWA NSW Distribution Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GWA NSW Distribution 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 Ltd T/A GWA Bathrooms and Kitchen’s Wetherill Park Distribution Centre. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met..

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 27 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved GWA Group Ltd trading as GWA Bathrooms and Kitchen’s Wetherill Park Distribution Centre, which sought approval for the GWA NSW Distribution Enterprise Agreement 2017. The application was heard in the Fair Work Commission, which was asked to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement provided for the proper regulation of employees' terms and conditions of employment, whether it was free from any improper influence or coercion, and whether it was certified as a single, indivisible agreement.

The Fair Work Commission considered the evidence presented and the relevant legislative framework. It noted that the agreement in question was a greenfields agreement, covering employees who had not previously been covered by a registered agreement. The Commission examined the process by which the agreement was negotiated, the extent of employee participation, and whether the agreement was certified as single, indivisible. It also assessed whether the agreement adequately addressed the employees' terms and conditions, including pay rates, hours of work, and other entitlements. The Commission concluded that the agreement was appropriately negotiated, certified, and did not contain any improper influence or coercion.

Based on its findings, the Fair Work Commission approved the GWA NSW Distribution Enterprise Agreement 2017. The Commission determined that the agreement met all the necessary legal requirements and was in the best interests of the employees. The approval was granted on the condition that the agreement be registered with the Fair Work Commission, thereby providing a legally binding framework for the employment relationship between the employer and the employees. This decision ensures that the employees' terms and conditions are properly regulated and that the agreement serves as a fair and effective means of resolving employment disputes.

GWA Group Ltd T/A GWA Bathrooms and Kitchen’s Wetherill Park Distribution Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established