GWA Group Ltd Summary

[2014] FWCA 8048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GWA Group Ltd
(AG2014/9325)

GWA GROUP LTD DOORS AND ACCESS PRODUCTION EMPLOYEES (QUEENSLAND) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the GWA Group Ltd Doors and Access Production Employees (Queensland) 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 (Queensland) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by GWA Group Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 October 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 21 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, GWA Group Ltd, sought the court's approval of the GWA Group Ltd Doors and Access Production Employees (Queensland) Enterprise Agreement 2014. The applicant aimed to have the agreement registered with the Fair Work Commission to ensure its enforceability under the Fair Work Act 2009. The legal dispute centred around the validity and fairness of the agreement, which was contested by certain employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The court needed to determine if the agreement was genuinely an enterprise agreement as defined under the Fair Work Act 2009. This required examining whether the agreement was made between the employer and employees and if it covered terms and conditions of employment. Additionally, the court had to consider whether the agreement was made in accordance with the procedural requirements of the Act, specifically whether the agreement was certified by the Fair Work Commission as covering the appropriate bargaining unit. The court also had to assess if the agreement met the 'better off overall test', ensuring that the employees were not disadvantaged by the agreement.

The court concluded that the agreement was indeed an enterprise agreement as it was made between the employer and the relevant employees and covered the terms and conditions of employment. The court found that the agreement was procedurally valid, having been certified by the Fair Work Commission. Furthermore, the court determined that the agreement satisfied the 'better off overall test', as the majority of the employees had voted in favour of the agreement. Consequently, the court approved the application for registration of the enterprise agreement.

In light of the findings, the court granted the application and ordered the registration of the GWA Group Ltd Doors and Access Production Employees (Queensland) Enterprise Agreement 2014 with the Fair Work Commission. This decision confirmed the enforceability of the agreement and its applicability to the relevant employees.

GWA Group Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established