DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McPherson’s Consumer Products Pty Ltd
(AG2019/4057)

MCPHERSON’S CONSUMER PRODCUTS WAREHOUSE AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

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COMMISSIONER JOHNS	SYDNEY, 5 NOVEMBER 2019

Application for approval of the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by McPherson’s Consumer Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

McPherson’s Consumer Products Pty Ltd applied to the Fair Work Commission for approval of the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2019. The applicant is a company engaged in the manufacture and distribution of consumer products, and the respondent is a trade union representing the applicant’s employees. The dispute arose from the negotiation and subsequent application for the approval of the enterprise agreement which sought to regulate terms and conditions of employment for warehouse workers.

The central legal issues before the court were whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum terms and conditions, if it was made in good faith, and if it complied with the procedural requirements for the making of an enterprise agreement. Additionally, the court needed to assess whether the agreement was in the best interests of the employees it covered.

The court examined the procedural fairness of the agreement, noting the steps taken by the applicant and the union to consult with the employees. The court found that the process of consultation was thorough and that the employees had been adequately informed about the contents of the agreement. The court further examined the substantive terms of the agreement and found that they provided for minimum terms and conditions as required by law, and that the agreement was made in good faith. After considering all the evidence, the court concluded that the agreement was in the best interests of the employees. Therefore, the court approved the enterprise agreement.

The final orders of the court were that the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2019 be approved, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission. The decision emphasised the importance of procedural fairness and the need for enterprise agreements to provide for minimum terms and conditions.

McPherson’s Consumer Products 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