Newcastle Greater Mutual Group Ltd

[2025] FWCA 296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Newcastle Greater Mutual Group Ltd

(AG2024/4959)

NEWCASTLE GREATER MUTUAL GROUP ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
DEPUTY PRESIDENT CROSS	SYDNEY, 5 FEBRUARY 2025

Application for approval of the Newcastle Greater Mutual Group Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Newcastle Greater Mutual Group Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Greater Mutual Group Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Banking, Finance and Insurance Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 30 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Newcastle Greater Mutual Group Enterprise Agreement 2025. The applicant, Newcastle Greater Mutual Group Ltd, sought to have the agreement approved, which would govern the employment conditions of its employees. The dispute centred around the terms and provisions of the agreement, including issues such as wages, working conditions, and dispute resolution mechanisms.

The key legal issues the court needed to address were whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically in terms of procedural fairness and the protection of employees' rights. The court had to determine if the agreement was made in good faith, whether it provided for the proper protection of employees, and if it adhered to the principles of procedural fairness as mandated by the Act.

In examining the application, the Fair Work Commission noted that the agreement was negotiated in good faith and that it provided for fair and reasonable terms. The Commission also found that the agreement included appropriate dispute resolution mechanisms and adequately protected the rights of employees. The Commission concluded that the application met the necessary legal criteria and approved the enterprise agreement, recognising its fairness and compliance with the Act.

The Fair Work Commission's decision to approve the Newcastle Greater Mutual Group Enterprise Agreement 2025 ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for fair and reasonable terms of employment. The approval recognises the agreement as meeting the legal standards set by the Fair Work Act, thereby providing certainty and protection for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established