DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F. Mayer (Imports) Pty Ltd
(AG2019/1869)

F.MAYER IMPORTS PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 17 JUNE 2019

Application for approval of the F. Mayer Imports Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the F. Mayer Imports Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by F. Mayer (Imports) Pty Ltd. 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] The National Union of Workers 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.

[4] The Agreement was approved on 17 June 2019 and, in accordance with s.54, will operate from 24 June 2019. The nominal expiry date of the Agreement is 16 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

F. Mayer (Imports) Pty Ltd recently appeared before the Fair Work Commission to seek approval of the F. Mayer Imports Pty Ltd Enterprise Agreement 2019. The applicant, a company operating in the retail industry, sought to finalise a new enterprise agreement with its employees, which would replace the existing agreement set to expire. The dispute involved various terms and conditions of employment, including wages, working hours, and leave entitlements. The commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval.

The legal issues before the commission centred on the compliance of the proposed enterprise agreement with the Fair Work Act 2009. Key considerations included whether the agreement provided for minimum entitlements as prescribed by the Act, and if it had been negotiated in good faith. Additionally, the commission had to assess whether the agreement met the "better off overall test" to ensure that no employee would be worse off by the terms of the new agreement compared to their previous conditions. These criteria were essential in determining the fairness and legality of the proposed agreement.

In its decision, the commission carefully examined the provisions of the proposed agreement against the statutory requirements. It found that the agreement met the minimum entitlements stipulated by the Fair Work Act and was the product of genuine negotiations. The commission also concluded that the agreement passed the better off overall test, as it provided improved terms and conditions for the majority of employees without disadvantaging any party. Consequently, the commission approved the F. Mayer Imports Pty Ltd Enterprise Agreement 2019, recognising it as a fair and lawful document that adequately protected the interests of all involved parties.

F. Mayer (Imports) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established