DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2016/4609)

MARS PETCARE AUSTRALIA WODONGA ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Enterprise Agreement 2016 (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. 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.

[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 was approved on 14 September 2016 and, in accordance with s.54, will operate from 21 September 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mars Australia Pty Ltd trading as Mars Petcare Australia, applied for the approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for certain employees within the Wodonga manufacturing facility. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues revolved around whether the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award and whether it was genuinely negotiated.

The Commission considered the submissions from both parties and the broader context of the enterprise agreement. Mars Australia argued that the agreement was fairly negotiated and provided employees with benefits that met and, in some instances, exceeded the safety net protections. The respondent, the Australian Manufacturing Workers' Union, contended that the agreement did not adequately protect employee rights and conditions. The Commission evaluated the agreement's provisions against the relevant award and the criteria for genuine negotiation and fairness. It examined the process of negotiation and whether there was adequate representation and consultation with employees.

After careful consideration, the Commission determined that the agreement met the statutory requirements for approval. The terms and conditions were found to be no less favourable than those provided by the relevant award and the agreement was genuinely negotiated. The Commission noted the efforts made by Mars Australia to consult with employees and the union during the negotiation process. Consequently, the Commission approved the Mars Petcare Australia Wodonga Enterprise Agreement 2016, recognising it as a valid and fair agreement between the employer and the employees.

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