FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GWA Group Limited T/A GWA Bathrooms & Kitchens
(AG2014/10465)

GWA BATHROOMS & KITCHENS (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2015

Application for approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015 (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 Limited T/A GWA Bathrooms & Kitchens (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 14 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paper Australia Pty Ltd, trading as Australian Office, sought approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015 from the Fair Work Commission. The applicants, representing employers, argued the agreement was suitable for approval under the Fair Work Act 2009, while the respondents, representing employees, opposed the application on various grounds. The central issue before the Commission was whether the agreement met the criteria for approval, specifically whether it provided for a fair and efficient workplace, and did not disadvantage employees.

The Commission examined the agreement's provisions, including those related to wages, conditions, and dispute resolution. It considered whether the agreement adequately balanced the interests of both employers and employees, ensuring fairness and efficiency in the workplace. The Commission also assessed whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements and did not undermine the rights of employees.

After thorough consideration, the Commission found that the agreement met the criteria for approval. The agreement was deemed fair and efficient, providing for the minimum entitlements of employees while also accommodating the operational needs of the employers. The Commission was satisfied that the agreement did not disadvantage employees and provided for an effective dispute resolution mechanism. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The Commission's decision resulted in the formal approval of the GWA Bathrooms & Kitchens (Western Australia) Enterprise Agreement 2015. This decision ensures that the agreement will govern the employment conditions of the employees within the specified enterprise, providing a framework for fair and efficient workplace practices.

Paper Australia Pty Ltd T/A Australian Office

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established