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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GMA Corporation Pty Ltd applied for approval of an enterprise agreement between the company and its employees. The application was heard by the Fair Work Commission (FWC). The dispute involved whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009 (Cth). The legal issues focused on whether the agreement had been genuinely negotiated, and if it provided adequate protections for employees. The FWC had to consider whether the agreement was fair and whether it met the standards of the Fair Work Act.

The FWC examined the process by which the agreement was negotiated, including whether it was done in good faith and whether there was adequate consultation between the parties. It also looked at whether the agreement provided sufficient protections for employees, including provisions on wages, hours of work, and other conditions of employment. The FWC considered submissions from both the company and the employees' representative. Ultimately, the FWC found that the agreement had been genuinely negotiated and provided adequate protections for employees.

In reaching its decision, the FWC noted that the company had provided evidence of a thorough negotiation process, and that the employees' representative had been given an opportunity to participate. The FWC also found that the agreement contained provisions that met the minimum standards set out in the Fair Work Act. The FWC approved the enterprise agreement, noting that it provided a fair and reasonable outcome for both the company and its employees. The FWC ordered that the agreement be registered and become legally binding on the parties.

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