F. Mayer (Imports) Pty Ltd T/A Mayers Fine Food Summary

[2023] FWCA 2251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

F. Mayer (Imports) Pty Ltd T/A Mayers Fine Food

(AG2023/2173)

F. MAYER IMPORTS PTY LTD ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JULY 2023

Application for approval of the F. Mayer Imports Pty Ltd Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the F. Mayer Imports Pty Ltd Enterprise Agreement 2023 (Agreement).

The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.

Subject to 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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers Union, 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 27 July 2023. The nominal expiry date of the Agreement is 20 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

F. Mayer (Imports) Pty Ltd T/A Mayers Fine Food applied to the Fair Work Commission for the approval of the F. Mayer Imports Pty Ltd Enterprise Agreement 2023. The Commission was required to decide whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The main issues before the Commission were whether the agreement complied with the procedural requirements, included all mandatory terms, and did not contain any terms that were contrary to public policy or had an adverse effect on the employees' working conditions.

The Commission examined the process by which the agreement was negotiated and whether the parties had acted in good faith. It assessed whether the agreement included all the mandated terms, such as minimum rates of pay and conditions of employment. Additionally, the Commission considered whether any terms of the agreement were contrary to public policy or had an adverse effect on the employees' working conditions. The applicant submitted that the agreement was the result of genuine negotiations and that it complied with all statutory requirements. The Commission found that the negotiation process was conducted in good faith, and the agreement contained all mandatory terms. It also found that no terms were contrary to public policy or detrimental to the employees.

Consequently, the Commission approved the F. Mayer Imports Pty Ltd Enterprise Agreement 2023. The approval is effective from the date of the decision, ensuring that the agreement governs the employment conditions of the employees as intended. This decision provides clarity and legal certainty regarding the terms of employment under the new enterprise agreement.

F. Mayer (Imports) Pty Ltd T/A Mayers Fine Food

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established