DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/194)

GNS WHOLESALE STATIONERS VIC (GSN) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016-2019

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COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the GNS Wholesale Stationers VIC (GNS) and National Union of Workers Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the GNS Wholesale Stationers VIC (GNS) and National Union of Workers Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 24 February 2017 and, in accordance with s.54, will operate from 3 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the National Union of Workers versus GNS Wholesale Stationers VIC, the applicant union sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement, dated 2016-2019, was to be applied to employees of GNS, a company involved in the wholesale stationery industry. The dispute centred on whether the agreement met the requirements of the Act and whether it provided for fair and reasonable terms and conditions for the employees.

The central legal issue before the court was whether the proposed enterprise agreement was in the best interests of the employees, considering the criteria outlined in section 233 of the Act. This required the court to examine whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the business, the workforce, and the economic circumstances. Additionally, the court needed to determine if the agreement was appropriately certified by the relevant industrial officers and if it complied with the procedural requirements stipulated by the Act.

The court found that the enterprise agreement was fair and reasonable for the employees, considering the specific circumstances of the business and workforce. The agreement included provisions that were deemed necessary to protect the interests of the employees, such as provisions for fair wages, working hours, and conditions of employment. The court also noted that the agreement had been appropriately certified and that all procedural requirements had been met. As a result, the court approved the application for the agreement to be registered under the Fair Work Act.

The court's final order was that the GNS Wholesale Stationers VIC (GNS) and National Union of Workers Enterprise Agreement 2016-2019 be approved and registered. This decision ensured that the agreement would become a legally binding instrument between the company and its employees, providing them with the agreed terms and conditions of employment for the duration of the agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established