GWA Group Ltd T/A GWA Door & Access Summary

[2014] FWCA 7188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GWA Group Ltd T/A GWA Door & Access
(AG2014/9148)

GWA GROUP LTD DOORS AND ACCESS PRODUCTION EMPLOYEES (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2014

Application for approval of the GWA Group Ltd Doors and Access Production Employees (New South Wales) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GWA Group Ltd Doors and Access Production Employees (New South Wales) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2014. The nominal expiry date of the Agreement is 17 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GWA Group Ltd, trading as GWA Door & Access, applied for the approval of a new enterprise agreement, the GWA Group Ltd Doors and Access Production Employees (New South Wales) Enterprise Agreement 2014. The dispute centred on the fairness of the agreement as required under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is tasked with ensuring the fairness of enterprise agreements.

The key legal issues revolved around whether the agreement contained all necessary terms as per the Fair Work Act and whether it met the fairness criteria. Specifically, the Commission needed to determine if the agreement provided for fair remuneration, reasonable working conditions, and allowed for effective dispute resolution. Additionally, the Commission considered the extent to which the agreement complied with the procedural requirements for negotiation and agreement approval.

The Commission conducted a thorough examination of the agreement, scrutinising each clause for compliance with the Fair Work Act. It considered the evidence provided by both parties and assessed whether the agreement was genuinely negotiated and not merely imposed. The Commission concluded that the agreement met all statutory requirements and was fair, taking into account the principles of fairness as established in relevant case law. The application was thus approved, and the agreement was registered.

The Fair Work Commission approved the GWA Group Ltd Doors and Access Production Employees (New South Wales) Enterprise Agreement 2014, making it a legally binding agreement between the employer and the employees.

GWA Group Ltd T/A GWA Door & Access

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established