austlii:cth/FWCA/2026/399
General information, not legal advice.
FWCA
2026-02-16
Original judgment source is linked above.
Application for approval of the GMHBA Limited Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the GMHBA Limited 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 GMHBA Limited. The Agreement is a single enterprise agreement.
[2] I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[3] The Applicant has provided written undertakings, dated 29 January 2026. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.
[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 27A of the Banking, Finance and Insurance Award 2020 is taken to be a term of the Agreement.
[6] 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.
[7] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2026. The nominal expiry date of the Agreement is 31 March 2028.

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