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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GMA Corporation Pty Ltd sought approval of an enterprise agreement between the company and its employees, covering the period 2021 to 2024. The application was made to the Fair Work Commission, which has the authority to approve such agreements if it determines that they meet certain criteria, including being "independent" of the parties involved and meeting minimum terms and conditions. The union representing the employees did not oppose the application, but other parties raised concerns about the agreement's compliance with the relevant legislation.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely independent of the employer and whether it provided for minimum terms and conditions. The Commission also considered whether the agreement complied with other provisions of the Act, including the requirement that it be in writing and that it had been negotiated in good faith.

In reaching its decision, the Commission examined the evidence and submissions from all parties. It found that the agreement was genuinely independent of the employer and that it provided for minimum terms and conditions. The Commission also found that the agreement complied with all other relevant provisions of the Act. The Commission noted that while some aspects of the agreement were not ideal, they did not prevent the agreement from being approved. The Commission concluded that the agreement met the requirements of the Act and approved it.

The Fair Work Commission approved the GMA Corporation Pty Ltd Enterprise Agreement 2021-2024, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that a copy be provided to the union and all affected employees. The Commission also ordered that the agreement be reviewed every three years to ensure that it continues to meet the requirements of the Act. The employer and the union were directed to take all reasonable steps to ensure that the agreement was brought to the attention of all affected employees and that they were given an opportunity to raise any concerns or objections.

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