DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/6639)

GNS WHOLESALE STATIONERS QLD (GNS) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the GNS Wholesale Stationers QLD (GNS) and National Union of Workers Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement between GNS Wholesale Stationers QLD and its employees. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable in accordance with the principles of the Act.

The Commission was tasked with determining whether the agreement sufficiently covered the terms and conditions of employment for the employees, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement complied with the "better off overall test", which ensures that no party is worse off under the new agreement than they were under the previous one.

In reaching its decision, the Commission considered the submissions from both the applicant and GNS, as well as the provisions of the Fair Work Act. The Commission found that the agreement met the necessary criteria and was fair and reasonable. It satisfied the requirements of the Act, including the better off overall test, and was made in good faith. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the GNS Wholesale Stationers QLD and National Union of Workers Enterprise Agreement 2016, finding it to be fair, reasonable, and in compliance with the Fair Work Act. The agreement was deemed to meet the better off overall test and was made without coercion.

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