GMA Corporation Pty Ltd

[2015] FWCA 2663

[2015] FWCA 2663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GMA Corporation Pty Ltd
(AG2015/2244)

GMA CORPORATION PTY LTD ENTERPRISE AGREEMENT 2015 - 2018 (GMA EA 2015)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 APRIL 2015

Application for approval of the GMA Corporation Pty Ltd Enterprise Agreement 2015-2018 (GMA EA 2015).

[1] An application has been made for approval of an enterprise agreement known as the GMA Corporation Pty Ltd Enterprise Agreement 2015-2018 (GMA EA 2015) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMA Corporation Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“.... Please find attached a letter of compliance from our provider BT super fund which states that the BT Superfund provide a “MySuper Product”.

....

I can therefore confirm that the BT Superfund offers a MySuper fund product.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 1 July 2018.

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