DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Ltd T/A GWA Door and Access Systems - Gainsborough Hardware Industries Ltd
(AG2017/4316)

GWA GROUP (GAINSBOROUGH HARDWARE INDUSTRIES LTD) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 FEBRUARY 2018

Application for approval of the GWA Group (Gainsborough Hardware Industries Ltd) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GWA Group (Gainsborough Hardware Industries Ltd) 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 Door and Access Systems - Gainsborough Hardware Industries Ltd. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from MP1_LIST_APPLICANT_NAME_1. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, GWA Group Limited trading as GWA Door and Access Systems, sought the court's approval of the Enterprise Agreement with Gainsborough Hardware Industries Ltd for the year 2017. The application was made under section 235 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment contained within the proposed agreement, with particular attention to the classification of employees, wages, and other employment-related matters. The Federal Court of Australia was tasked with reviewing the agreement to ensure it complied with the statutory requirements for enterprise agreements under the Fair Work Act.

The court had to determine whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for the terms and conditions of employment of the relevant employees, and whether it had been made in good faith and without coercion. The applicant argued that the agreement was made in good faith and without any improper influence or coercion. The court also had to assess if the agreement complied with the provisions of the Act, particularly concerning the classification of employees, wage rates, and other terms and conditions. The central legal issue was whether the agreement adhered to the statutory framework for enterprise agreements and whether it was procedurally and substantively fair.

After considering the evidence and arguments presented by both parties, the court found that the agreement was made in good faith and without coercion. The court was satisfied that the process leading to the agreement's formation was fair and that all necessary steps were taken to ensure the employees were adequately informed and consulted. Furthermore, the court concluded that the agreement complied with the requirements of the Fair Work Act, including the provisions on classification, wages, and other terms and conditions. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and did not contain any terms that were contrary to public policy. Consequently, the court approved the Enterprise Agreement 2017.

GWA Group Ltd T/A GWA Door and Access Systems - Gainsborough Hardware Industries Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established