Mars Australia Pty Ltd T/A Mars Petcare Australia Summary

[2013] FWCA 5846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2013/8259)

MARS PETCARE AUSTRALIA WODONGA ENTERPRISE AGREEMENT 2013

Pet food manufacturing
COMMISSIONER MACDONALD	SYDNEY, 21 AUGUST 2013

Application for approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Enterprise Agreement 2013 (the Agreement). The application was made by Mars Australia Pty Ltd t/as Mars Petcare Australia pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 28 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Mars Petcare Australia Wodonga Enterprise Agreement 2013. Mars Petcare Australia Pty Ltd, trading as Mars Petcare Australia, was the applicant. The applicant sought to approve an enterprise agreement that would apply to their employees at the Wodonga site. The application was brought under section 231 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the terms and conditions of employment of the employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment, whether it had been made in good faith, and whether it contained the necessary provisions to ensure it was compliant with the Act. The Commission also had to consider whether the agreement was consistent with the national minimum standards set out in the Fair Work Act.

The Commission found that the agreement was compliant with the Fair Work Act and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The Commission was satisfied that the agreement had been made in good faith and that it contained all the necessary provisions to ensure compliance with the Act. The Commission also found that the agreement was consistent with the national minimum standards.

The Commission approved the Mars Petcare Australia Wodonga Enterprise Agreement 2013. The agreement would now apply to the employees covered by the agreement and would provide them with the terms and conditions of employment set out in the agreement. The approval of the agreement was an important step in ensuring that the employees at the Wodonga site had fair and reasonable terms and conditions of employment.

Mars Australia Pty Ltd T/A Mars Petcare Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established