McPherson’s Consumer Products Pty Ltd T/A McPherson’s Consumer Products

[2022] FWCA 3774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

McPherson’s Consumer Products Pty Ltd T/A McPherson’s Consumer Products

(AG2022/4332)

McPherson's Consumer Products Warehouse and United Workers Union Enterprise Agreement 2022

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DEPUTY PRESIDENT BOYCE	SYDNEY, 27 OCTOBER 2022

Application for approval of the McPherson's Consumer Products Warehouse and United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the McPherson's Consumer Products Warehouse and United Workers Union Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McPherson’s Consumer Products Pty Ltd T/A McPherson’s Consumer Products (Employer). The Agreement is a single enterprise agreement.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2022. The nominal expiry date of the Agreement is 30 June 2025

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between McPherson’s Consumer Products and the United Workers Union. The dispute centred around the terms and conditions of employment for the employees of McPherson’s Consumer Products, including matters such as wages, hours of work, leave entitlements, and other employment conditions. The application for approval was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act, including provisions relating to the proper representation of the parties, the good faith bargaining process, and the substantive terms of the agreement itself. The Commission had to determine whether the agreement was made in good faith, was properly negotiated, and met the criteria for being a "better off overall or at least as well off" agreement for the employees involved.

In assessing the application, the Commission considered the evidence provided by both parties regarding the negotiation process and the content of the proposed agreement. The Commission also took into account the statutory requirements and relevant case law to ensure that the agreement met all necessary legal standards. Ultimately, the Commission found that the agreement was made in good faith, was properly negotiated, and provided terms and conditions that were at least as favourable as those previously in place for the employees. The Commission approved the enterprise agreement, finding that it met all statutory requirements and was in the best interests of the employees.

The Fair Work Commission's decision resulted in the approval of the McPherson’s Consumer Products Warehouse and United Workers Union Enterprise Agreement 2022. The approved agreement is now in effect and will govern the terms and conditions of employment for the employees of McPherson’s Consumer Products. The Union and the employer are now bound by the terms of the agreement, which provides a framework for resolving any future workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established