Mars Australia Pty Ltd T/A Mars Petcare Australia

[2023] FWCA 308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia

(AG2022/5608)

MARS PETCARE AUSTRALIA WODONGA RELIABILITY ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 31 JANUARY 2023

Application for approval of the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mars Australia Pty Ltd T/A Mars Petcare Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8(h) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union and the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover then. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mars Australia Pty Ltd T/A Mars Petcare Australia recently sought approval for the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2022. The application was lodged with the Fair Work Commission. The company sought to have the agreement recognised as a lawful and binding agreement under the Fair Work Act 2009. The applicants were represented by counsel, and the relevant union was also represented.

The legal issues before the Commission related to the validity of the agreement under the Fair Work Act. The primary concern was whether the agreement contained all the required elements and provisions necessary for it to be deemed a "single, integrated, and stand-alone document." Additionally, the Commission had to determine whether the agreement had been negotiated in good faith and whether it contained provisions that were in line with the objectives of the Act. The Commission also needed to ensure that the agreement did not have any provisions that would undermine the rights and entitlements of the employees covered by the agreement.

In its decision, the Commission found that the agreement contained all the required elements and provisions necessary for it to be considered a lawful and binding enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and contained provisions that were in line with the objectives of the Fair Work Act. The Commission also found that the agreement did not contain any provisions that would undermine the rights and entitlements of the employees covered by the agreement. The Commission approved the agreement, and it is now a lawful and binding enterprise agreement.

The Fair Work Commission approved the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2022, recognising it as a lawful and binding agreement. The agreement is now in effect, and it will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established