Masterpet Australia Pty Limited

[2023] FWCA 3195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Masterpet Australia Pty Limited

(AG2023/3393)

MASTERPET ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2023

Application for approval of the Masterpet Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Masterpet Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Masterpet Australia Pty Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 7 June 2023 and the Agreement was made on 13 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers' Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2023. The nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Masterpet Australia Pty Limited, sought approval of the Masterpet Enterprise Agreement 2023. The matter was heard in the Fair Work Commission. The applicant argued that the agreement was in the best interests of the employees, while no opposing party appeared or presented any objections. The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the provisions for good faith bargaining and whether it contained the mandatory terms and conditions as prescribed by law.

The Fair Work Commission examined the agreement to determine if it was made in good faith, contained all the mandatory terms, and was fair and reasonable. The Commission noted that the applicant had provided evidence of extensive consultation and negotiation with the employees' representatives, which demonstrated good faith. Furthermore, the agreement included all the mandatory terms and conditions required by the Act, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable for the employees and met all the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Masterpet Enterprise Agreement 2023. The Commission found that the agreement was made in good faith, contained all mandatory terms, and was fair and reasonable for the employees. The Commission emphasised the importance of such agreements in maintaining fair and effective industrial relations. The approval of the agreement allows Masterpet Australia Pty Limited and its employees to operate under a legally binding and fair set of terms and conditions.

The Commission ordered the approval of the Masterpet Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the agreement is legally binding on the parties and provides a stable framework for their industrial relations moving forward. The decision reinforces the importance of good faith bargaining and the need for enterprise agreements to meet statutory requirements to be approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established