GMHBA Limited

[2019] FWCA 4317

[2019] FWCA 4317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMHBA Limited
(AG2019/1846)

GMHBA LIMITED ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the GMHBA Limited Enterprise Agreement 2018.

[1] An application has been made for approval of a single enterprise agreement known as the GMHBA Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GMHBA Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The notice of voting information was provided to employees at a time that fell marginally inside the seven day access period, contrary to section 180(3) of the Act. In all the circumstances, I consider it appropriate to waive what was in my view a minor procedural error under section 188(2) of the Act which was unlikely to disadvantage employees.

[4] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A