Mcphee Distribution Services Pty Ltd

[2022] FWCA 3352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mcphee Distribution Services Pty Ltd

(AG2022/3990)

McPhee Distribution Services Pty Ltd NSW Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 29 SEPTEMBER 2022

Application for approval of the McPhee Distribution Services Pty Ltd NSW Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the McPhee Distribution Services Pty Ltd NSW Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mcphee Distribution Services Pty Ltd. The Agreement is a single enterprise agreement.

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

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 6 October 2022. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McPhee Distribution Services Pty Ltd recently had its 2022 NSW Enterprise Agreement put before the Fair Work Commission. The applicant, McPhee Distribution Services Pty Ltd, sought approval of the agreement, which was intended to govern the employment conditions of its workers. The nature of the dispute was whether the proposed terms and conditions were fair and reasonable in all respects, in line with the provisions of the Fair Work Act 2009. The Commission, led by Deputy President T. R. McCabe, was tasked with reviewing the application and determining whether the agreement met the necessary legal standards for approval.

The legal issues that the Commission was required to decide included whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009, particularly focusing on the provisions concerning the terms and conditions of employment, such as wages, hours of work, and other matters. The Commission also needed to assess whether the agreement provided for the fair and equitable treatment of employees, and if it included appropriate mechanisms for resolving disputes. Additionally, the Commission examined whether the agreement was made in good faith and without coercion.

In reaching its decision, the Commission considered various factors, including the bargaining positions of the parties, the fairness of the proposed terms, and the overall compliance with the Fair Work Act 2009. The Commission concluded that the proposed enterprise agreement met the necessary requirements for approval, as it was found to be fair and reasonable in all respects. The agreement provided for adequate protections and benefits for the employees and included appropriate dispute resolution mechanisms. The Commission approved the McPhee Distribution Services Pty Ltd NSW Enterprise Agreement 2022, recognising its compliance with the statutory framework and its potential to foster a balanced relationship between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established