DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GMHBA Limited
(AG2016/6081)

GMHBA LIMITED ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the GMHBA Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GMHBA Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMHBA Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Licensed Trade and Hospitality Association (VIC) and the Australian Workers Union were applicants, and GMHBA Limited was the respondent. The dispute centred around the approval of the GMHBA Limited Enterprise Agreement 2016. The applicants sought the Commission's approval of the agreement, arguing that it met the necessary criteria for endorsement under the Fair Work Act 2009. The respondent contested the application, raising concerns about the agreement's compliance with the Act and its potential impact on employees' conditions.

The central legal issue was whether the GMHBA Limited Enterprise Agreement 2016 fulfilled all the requirements for endorsement as set out in the Fair Work Act 2009. This included determining if the agreement was in the public interest, provided for genuine enterprise bargaining, and did not unfairly discriminate against employees. The Commission had to assess the agreement's provisions, considering the arguments presented by both parties. Specifically, the Commission needed to evaluate whether the agreement's terms were reasonable in all respects and whether it met the criteria for a 'single-enterprise agreement'.

The Commission concluded that the agreement was appropriate for endorsement. The applicants had demonstrated that the agreement was genuinely negotiated between the parties, and it contained provisions that were fair and reasonable. The Commission found that the agreement did not unfairly discriminate against any employees and that it was in the public interest. The respondent's concerns about the agreement's impact on employees' conditions were addressed and alleviated through the agreement's provisions. Consequently, the Commission approved the GMHBA Limited Enterprise Agreement 2016. The decision was based on a thorough examination of the agreement's terms and a consideration of the parties' submissions, ultimately finding that the agreement met all necessary criteria for endorsement.

GMHBA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established