Application for approval of the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2025 -2026

[1] Arakella Pty Ltd T/A GNS Wholesale Stationers (the Employer) has made an application for approval of a single-enterprise agreement known as the GNS Wholesale Stationers VIC (GNS) and the United Workers Union Enterprise Agreement 2025 -2026 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).   

[2] The Agreement does not specify a nominal expiry date. The Employer has provided an undertaking that the nominal expiry date of the Agreement will be 30 June 2026.

[3] The flexibility term at clause 48.5(b) of the Agreement was inconsistent with s.203(6)(a) of the Act insofar as it required an employee to give 13 weeks' written notice to terminate an individual flexibility arrangement. Noting that the Agreement flexibility term is otherwise identical to the Model Flexibility Term, the Model Flexibility Term is taken to be a term of the Agreement.

[4] The consultation term contained in Clause 44 does not require the employer to consult in relation to regular roster or ordinary hours of work as required by s.205(1)(a)(ii) of the Act whereas clause 31 of the Award does require the employer to consult in relation to regular roster or ordinary hours of work in accordance with the Act. Clause 31 of the Award is incorporated as a term of the Agreement by virtue of clause 4 of the Agreement. Therefore, I am satisfied that the Agreement contains a compliant consultation term as required by s.205 of the Act.

[5] The Employer 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. The undertakings are taken to be a term of the Agreement.   

[6] Subject to the undertakings referred to above, 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.  

[7] The United Workers' Union (UWU) being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers' Union (UWU).

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.   

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