DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2019/1120)

MARS PETCARE BATHURST OPERATIONS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JULY 2019

Application for approval of the Mars Petcare Bathurst Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Bathurst Operations Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mars Australia Pty Ltd T/A Mars Petcare Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The National Union of Workers, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mars Australia Pty Ltd T/A Mars Petcare Australia sought approval of the Mars Petcare Bathurst Operations Enterprise Agreement 2018. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it contained the minimum entitlements prescribed by law and whether it was fairly negotiated.

The court had to determine whether the agreement provided for the minimum entitlements required by law, including minimum wages, leave entitlements, and other conditions. It also needed to ascertain if the agreement had been fairly negotiated, as required by the Act. Additionally, the court examined whether the agreement complied with other relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement contained all the minimum entitlements and was fairly negotiated. It was satisfied that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the Mars Petcare Bathurst Operations Enterprise Agreement 2018, recognising it as a valid agreement under the Fair Work Act. This decision ensures that the agreement can be used as a basis for employment conditions within the specified operations.

Mars Australia Pty Ltd T/A Mars Petcare Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established