DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2018/6173)

MARTIN BROWER AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS - SYDNEY WAREHOUSE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 5 MARCH 2019

Application for approval of the Martin Brower Australia Pty Ltd and national Union of Workers - Sydney Warehouse Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and national Union of Workers - Sydney Warehouse Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martin Brower Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 National Union of Workers (NUW) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Martin Brower Australia Pty Ltd, the applicant sought approval for the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2018. The dispute centred around the terms of the enterprise agreement, specifically regarding the classification of certain employees and the associated remuneration. The matter was heard in the Fair Work Commission.

The central legal issues revolved around the interpretation of the enterprise agreement and its compliance with the Fair Work Act 2009. Key questions included whether the classification of employees and the remuneration structures were fair and reasonable, and whether the agreement met the statutory requirements for approval. The National Union of Workers argued that the agreement was fair and reasonable, while Martin Brower Australia Pty Ltd contended that certain provisions did not comply with the Act.

The Commission examined the evidence and submissions from both parties, focusing on the fairness and reasonableness of the classification and remuneration provisions. The Commission concluded that while some aspects of the agreement were fair, certain provisions concerning the classification of employees did not meet the statutory standards. The Commission found that the agreement was not entirely fair and reasonable and therefore could not be approved in its entirety.

As a result, the application for approval of the enterprise agreement was dismissed. The Fair Work Commission directed the parties to negotiate and submit a revised agreement that met the statutory requirements. This outcome ensures that the enterprise agreement aligns with the principles of fairness and reasonableness as mandated by the Fair Work Act 2009.

Martin Brower Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established