GMA Corporation Pty Ltd

[2021] FWCA 2649

[2021] FWCA 2649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMA Corporation Pty Ltd
(AG2021/4671)

GMA CORPORATION PTY LTD ENTERPRISE AGREEMENT 2018-2021 (GMA EA 2021)

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 11 MAY 2021

Application for approval of the GMA Corporation Pty Ltd Enterprise Agreement 2021 - 2024 (GMA EA 2021).

[1] An application has been made for approval of an enterprise agreement known as the GMA Corporation Pty Ltd Enterprise Agreement 2021 - 2024 (GMA EA 2021) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by GMA Corporation Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 April 2021.

[3] On 30 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 May 2021. The undertaking deals with the following topics:

•  A ‘shiftworker’ for the purpose of the National Employment Standards (NES) will be a 7-day shiftworker who is regularly rostered to work on Sundays and public holidays.

•  Clause 9.1.1 of the Agreement will not permit or authorise termination for an unlawful reason.

•  The reference to ‘as soon as practicable’ in clauses 8.2.5 and 8.2.6 includes a time after the shift has commenced when it is impracticable to provide notice before.

•  In respect of better off overall issues relating to:

•  Employees in classification level MW2-MW5, or a third-year adult apprentice working eight days or more of broken shift work in a pay period;

•  Employees in classification level MW1 or a second-year adult apprentice working six days or more of broken shift work in a pay period; and

•  First year adult apprentices working broken shift work

the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with clause 1.3.1 of the Agreement and s.54 of the Act, will operate from 1 July 2021. The nominal expiry date is 1 July 2024.

COMMISSIONER

 1   [2017] FWCFB 1664

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