austlii:cth/FWCA/2026/415
General information, not legal advice.
FWCA
2026-02-17
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
GWA BATHROOMS & KITCHENS NORTHERN REGION ENTERPRISE AGREEMENT 2025
Application for approval of the GWA Bathrooms & Kitchens Northern Region Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the GWA Bathrooms & Kitchens Northern Region Enterprise Agreement 2025 (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 (the 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] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Storage Services and Wholesale Award 2020 [MA000084] is taken to be a term of the Agreement.
[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 7.2(b): Notice of Termination by the employee
Clause 9.4(a): Annual Leave in one or more Separate Periods
Clause 14.1(a): Personal/Carer's Leave
Clause 14.1(b): Personal/Carer's Leave
[7] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[8] On 9 February 2026, the Applicant filed an amended version of the agreement's signature page as the agreement lodged did not include the full addresses of the signatories on the signature page. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[9] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 February 2029.
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