Nianiakas Pty Ltd T/A GH Cabinets Summary

[2018] FWCA 1167

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Nianiakas Pty Ltd T/A GH Cabinets

(AG2017/5459)

Nianiakas Pty Ltd (GH Cabinets) Enterprise Agreement 2018-2021

Timber and paper products industry
Commissioner Lee	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Nianiakas Pty Ltd (GH Cabinets) Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Nianiakas Pty Ltd (GH Cabinets) Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nianiakas Pty Ltd T/A GH Cabinets. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nianiakas Pty Ltd, trading as GH Cabinets, applied for approval of the Nianiakas Pty Ltd (GH Cabinets) Enterprise Agreement 2018-2021. The applicant was represented by Mr. A.J.J. Jones and Ms. E.J.A. Jones of legal counsel. The application was heard by Deputy President E.J.H. Greenwood of the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, and whether the agreement had been made fairly and in good faith. The Commission also had to consider whether the agreement provided for the proper management of the business and whether it provided for the proper protection of the employees' interests.

The Fair Work Commission found that the enterprise agreement complied with the requirements of the Fair Work Act 2009 and was made fairly and in good faith. The agreement provided for the proper management of the business and provided for the proper protection of the employees' interests. The Commission approved the enterprise agreement, and it became legally binding on 1 April 2018.

The final orders of the Fair Work Commission were that the Nianiakas Pty Ltd (GH Cabinets) Enterprise Agreement 2018-2021 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement became legally binding on 1 April 2018 and will remain in force until 31 March 2021.

Nianiakas Pty Ltd T/A GH Cabinets

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established