Mcphee Distribution Services Pty Ltd

[2022] FWCA 3019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mcphee Distribution Services Pty Ltd

(AG2022/3467)

McPhee Distribution Services Pty Ltd Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 SEPTEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the McPhee Distribution Services Pty Ltd 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.

I note that clause 41(6) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6(1) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 8 September 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 applied for approval of its Enterprise Agreement 2022, which was made with employees represented by the Transport Workers Union of Australia. The Fair Work Commission heard the matter and was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues were whether the agreement was made in good faith, whether it contained only matters that could be the subject of a registered agreement, and whether it was in the best interests of the employees. The Commission also had to assess if the agreement allowed for the appropriate resolution of any disputes that might arise between the employer and the employees.

The Commission found that the agreement had been made in good faith and contained only matters that could be the subject of a registered agreement. It was also in the best interests of the employees, providing fair terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission approved the Enterprise Agreement 2022, noting that it met the necessary legislative requirements.

The Commission made an order approving the Enterprise Agreement 2022, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement are now legally binding on both the employer and the employees, provided they remain in effect for the duration specified within the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established