Martin-Brower Australia Pty Ltd Summary

[2025] FWCA 903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Martin-Brower Australia Pty Ltd

(AG2025/549)

MARTIN BROWER AUSTRALIA PTY LTD AND UNITED WORKERS UNION – SYDNEY WAREHOUSE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER CRAWFORD	SYDNEY, 13 MARCH 2025

Application for approval of the Martin Brower Australia Pty Ltd and United Workers Union- Sydney Warehouse Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and United Workers Union – Sydney Warehouse Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Martin-Brower Australia Pty. Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Martin Brower Australia Pty Ltd and United Workers Union- Sydney Warehouse Enterprise Agreement 2024. The primary parties involved were Martin-Brower Australia Pty Ltd, an employer within the logistics and foodservice industry, and the United Workers Union, representing the employees at the Sydney warehouse. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions of employment, whether it was free from any coercion or undue influence, and whether it contained adequate provisions for the resolution of disputes between the parties. The Commission had to determine if the agreement complied with the statutory framework set out in the Fair Work Act, particularly concerning the procedural fairness and substantive fairness of the agreement.

In evaluating the application, the Commission considered the evidence provided by both parties, including witness testimonies and the content of the proposed agreement. The Commission found that the agreement provided for the minimum terms and conditions required by law and did not contain any provisions that were contrary to public policy. The Commission also noted that the agreement was negotiated in good faith and without any undue influence. After thorough deliberation, the Commission concluded that the agreement was fair and appropriate for approval. Consequently, the Commission approved the Martin Brower Australia Pty Ltd and United Workers Union- Sydney Warehouse Enterprise Agreement 2024.

Martin-Brower Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established