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

Printed by authority of the Commonwealth Government Printer

GMA Corporation Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). The Fair Work Commission was the tribunal that heard the application.

The primary legal issue was whether the GMA EA 2018 met the statutory requirements for an enterprise agreement. Specifically, the court had to determine whether the agreement was made in good faith, whether it provided for proper terms and conditions of employment, and whether it adhered to the procedural requirements under the Fair Work Act. The CFMEU argued that the agreement failed to meet these criteria, citing issues with the bargaining process and the terms of the agreement itself.

The Fair Work Commission, in its decision, thoroughly examined the evidence and arguments presented by both parties. The Commission found that the agreement was made in good faith and that the terms and conditions were fair and reasonable. It also determined that the procedural requirements of the Act were complied with. Consequently, the Commission approved the GMA EA 2018. The CFMEU's objections were dismissed as the Commission was satisfied with the overall fairness and compliance of the agreement.

The Fair Work Commission's final order was the approval of the GMA EA 2018, effective from the date of the decision. The agreement was deemed to be a valid and binding enterprise agreement under the Fair Work Act, providing for the terms and conditions of employment for the employees covered by the agreement.

GMA Corporation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established