DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2018/352)

MARS PETCARE AUSTRALIA WODONGA RELIABILITY ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2018

Application for approval of the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2017 (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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2017, which was submitted by the company, Mars Australia Pty Ltd, trading as Mars Petcare Australia. The application arose from a dispute regarding the terms and conditions of employment for the employees of the company at their Wodonga site. The commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the commission was whether the enterprise agreement was compliant with the statutory requirements set out in the Fair Work Act. Specifically, the commission needed to assess whether the agreement had been negotiated in good faith, whether it contained the mandated minimum entitlements, and whether it adhered to the provisions concerning procedural fairness and the protection of employees' rights. The company argued that the agreement had been fairly negotiated and contained all necessary terms, while the union contended that the agreement did not adequately protect employee rights and did not meet the procedural standards.

The commission examined the evidence provided by both parties and found that the agreement had generally been negotiated in good faith. The commission noted that while there were some procedural shortcomings, these did not significantly impact the overall fairness of the negotiation process. Additionally, the commission confirmed that the agreement contained all the mandated minimum entitlements and provided adequate protections for the employees. Consequently, the commission determined that the agreement met the statutory requirements for approval. The union's concerns regarding the procedural fairness and the level of employee protection were addressed, and the commission concluded that these did not outweigh the overall fairness of the agreement.

Accordingly, the Fair Work Commission approved the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2017. The decision was made in light of the evidence presented and the commission's findings that the agreement met the statutory requirements for approval under the Fair Work Act. The union's objections were not sufficient to prevent the approval of the agreement, and the commission found that the agreement was fair and reasonable in all respects.

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