GMA Corporation Pty Ltd

[2018] FWCA 6396

[2018] FWCA 6396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMA Corporation Pty Ltd
(AG2018/2450)

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

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 OCTOBER 2018

Application for approval of the GMA Corporation Pty Ltd Enterprise Agreement 2018 - 2021 (GMA EA 2018).

[1] An application has been made for approval of an enterprise agreement known as the GMA Corporation Pty Ltd Enterprise Agreement 2018 – 2021 (GMA EA 2018) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by GMA Corporation Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 October 2018.

[3] On 11 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 October 2018. The undertaking deals with the following topics:

•  The reference to “Award” in the Agreement will be read as the Manufacturing and Associated Industries and Occupations Award 2010.

•  For the purposes of accruing an additional week of annual leave, the definition of a “shiftworker” is defined as a seven day shiftworker who is regularly rostered to work on Sundays and public holidays as per the National Employment Standards (NES).

•  Compassionate leave is now aligned with the NES.

•  For the purposes of termination, where the Employer seeks to terminate the employee on the basis of abandonment of employment, the minimum notice period will be as specified in the NES.

•  Casual employees are entitled to a minimum engagement of four hours per engagement.

•  Part time employees will be entitled to a minimum of three hours per shift.

[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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 1 July 2021.

COMMISSIONER

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