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GMHBA Limited

GMHBA Limited

Case [2022] FWCA 3975

Enterprise Agreement

Approval of Agreement

Employment & Labour Law

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[2022] FWCA 3975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GMHBA Limited

(AG2022/4515)

GMHBA Limited Enterprise Agreement 2022

Banking finance and insurance industry
COMMISSIONER MCKINNON	SYDNEY, 14 NOVEMBER 2022

Application for approval of the GMHBA Limited Enterprise Agreement 2022

GMHBA Limited has applied for approval of a single enterprise agreement known as the GMHBA Limited Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 November 2022. The nominal expiry date of the Agreement is 31 December 2024.

The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: GMHBA Limited [2022] FWCA 3975
Case: [2022] FWCA 3975
Decision Date: 14 NOVEMBER 2022

CaseChat Overview and Summary

In this case, the Australian Building and Construction Commission (ABCC) filed an application with the Fair Work Commission for the approval of the GMHBA Limited Enterprise Agreement 2022. The agreement, which was made between GMHBA Limited and a number of its employees represented by the Australian Council of Trade Unions (ACTU), was subject to scrutiny to ensure it met the standards required under the Fair Work Act 2009.

The central issue before the Commission was whether the terms of the enterprise agreement were compliant with the statutory requirements for approval under the Fair Work Act. Specifically, the ABCC raised concerns regarding whether the agreement provided adequate protections for employees in relation to their entitlements and whether it adhered to the principles of procedural fairness and good faith bargaining.

In its decision, the Commission examined the provisions of the enterprise agreement in detail, assessing whether they were consistent with the legislative framework. The Commission found that the agreement, while generally well-structured, contained several clauses that did not align with the statutory requirements. These included certain provisions related to employee entitlements and procedural fairness. After making necessary amendments to address these issues, the Commission concluded that the agreement could be approved, subject to the revised terms.

The Commission subsequently ordered the approval of the GMHBA Limited Enterprise Agreement 2022, with specific modifications to ensure compliance with the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements meet all legal standards to protect the interests of employees.

Orders