austlii:cth/FWCA/2025/3958
General information, not legal advice.
FWCA
2025-11-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
GNS WHOLESALE NSW (GNS) ENTERPRISE AGREEMENT 2025 - 2026
Application for approval of the GNS Wholesale Stationers NSW (GNS) and United Workers Union Enterprise Agreement 2025 - 2026
[1] An application has been made for approval of an enterprise agreement known as the GNS Wholesale Stationers NSW (GNS) and United Workers Union Enterprise Agreement 2025 - 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Arakella Pty Ltd. (Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Agreement does not contain a flexibility term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement on 28 October 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the FW Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.
[7] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2026.

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