DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McPherson’s Consumer Products Pty Ltd
(AG2017/441)

MCPHERSON’S CONSUMER PRODUCTS WAREHOUSE AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2017

Application for approval of the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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 was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McPherson’s Consumer Products Pty Ltd applied for the approval of their Enterprise Agreement, which had been negotiated with the National Union of Workers. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including provisions concerning the terms and conditions of employment, dispute resolution mechanisms, and the protection of employees’ rights. The key issue was whether the agreement sufficiently protected employees' rights and complied with all relevant legislative requirements.

The Commission examined the proposed agreement clause by clause, ensuring that it included all mandatory terms and conditions as required by the Fair Work Act. The Commission assessed whether the agreement provided fair and reasonable terms for the employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. It was also necessary to determine if the agreement was free from any provisions that could be considered to be unfair or contrary to public policy. The Commission gave particular attention to the fairness and reasonableness of the agreement, considering submissions from both the applicant and the union, as well as the rights and interests of the employees involved.

After thorough examination, the Fair Work Commission found that the proposed agreement met all statutory requirements for approval. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, and included all necessary mandatory terms. The agreement was deemed to be free from any provisions that could be considered unfair or contrary to public policy. Consequently, the Commission approved the McPherson’s Consumer Products Warehouse and National Union of Workers Enterprise Agreement 2016, allowing it to come into effect as of the date of approval.

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