DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hong Australia Corp Pty Ltd t/a Merchant Australia
(AG2015/6494)

MERCHANT AUSTRALIA AND NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2015 - 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the Merchant Australia and National Union of Workers Certified Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Merchant Australia and National Union of Workers Certified Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hong Australia Corp Pty Ltd t/a Merchant Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hong Australia Corp Pty Ltd, trading as Merchant Australia, sought approval of a certified agreement entered into with the National Union of Workers. The Fair Work Commission was asked to approve the agreement under section 234 of the Fair Work Act 2009. The dispute arose as the union had sought a higher wage rate for workers than what Merchant Australia was willing to offer. The Fair Work Commission was tasked with determining whether the certified agreement met the criteria for approval as a registered agreement.

The central legal issues the Commission needed to address were whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement contained any provisions that were outside the scope of the certified agreement process.

The Fair Work Commission found that the certified agreement was a genuine enterprise agreement and met the statutory requirements. The Commission considered that the agreement contained provisions that were fair and reasonable for the employees and did not exceed the scope of the certified agreement process. The Commission was satisfied that the agreement provided for the terms and conditions of employment in a fair and reasonable manner, taking into account the nature of the business and the bargaining power of the parties. As a result, the Commission approved the certified agreement as a registered agreement.

The Fair Work Commission approved the Merchant Australia and National Union of Workers Certified Agreement 2015 - 2018 as a registered agreement. This decision ensures that the certified agreement will provide for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval of the agreement also promotes industrial harmony and stability in the workplace.

Hong Australia Corp Pty Ltd t/a Merchant Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established