DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Ltd T/A GWA Bathrooms and Kitchens
(AG2018/1134)

GWA BATHROOMS & KITCHENS (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JULY 2018

Application for approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2018 (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 Kitchens. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2018. The nominal expiry date of the Agreement is 22 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of GWA Group Ltd trading as GWA Bathrooms and Kitchens, the Fair Work Commission was asked to consider an application for the approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2018. The parties involved in the dispute were GWA Group Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the trade union representing the employees. The application for approval arose from a negotiation process between the employer and the union, where an enterprise agreement had been reached and submitted for endorsement by the Fair Work Commission.

The primary legal issue the Fair Work Commission had to decide was whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable for the employees represented by the union. This included assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it appropriately balanced the interests of both the employer and the employees. Furthermore, the Commission had to determine if the agreement was made in good faith and if it had been properly negotiated, as required by the Act.

In rendering its decision, the Fair Work Commission examined the submissions from both the employer and the union, as well as the evidence provided during the hearing. The Commission found that the proposed enterprise agreement was fair and reasonable, as it contained terms and conditions that were in line with industry standards and reflected the needs and interests of both parties. The Commission also noted that the agreement was made in good faith and had been properly negotiated, with adequate consultation between the employer and the union. Consequently, the Fair Work Commission approved the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2018, and it came into effect as of the date of the decision.

The Fair Work Commission's final order was that the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009, with the agreement to be binding on all employees covered by the agreement and the employer. The decision provided certainty and stability for the employees and the employer, as well as ensuring that the terms and conditions of employment were fair and reasonable.

GWA Group Ltd T/A GWA Bathrooms and Kitchens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established