MECCA Brands Pty Ltd

[2025] FWCA 1961

[2025] FWCA 1961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MECCA Brands Pty Ltd

(AG2025/1580)

MECCA BRANDS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT VICTORIA 2025

Hair and Beauty
COMMISSIONER ALLISON	MELBOURNE, 20 JUNE 2025

Application for approval of the MECCA Brands Distribution Centre Enterprise Agreement Victoria 2025

1. MECCA Brands Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the MECCA Brands Distribution Centre Enterprise Agreement Victoria 2025 (the Agreement).

1. The United Workers’ Union (UWU), 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 UWU.

1. The agreement title on the Notice of Employee Representational Rights (NERR) issued to employees was the “MECCA Brands Distribution Centre (Tullamarine) Enterprise Agreement 2025” which does not match the title of the Agreement. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. Clause 4.3 of the Agreement provides that the Agreement will remain in force for 4 years from the commencement date. This is inconsistent with s.186(5)(b) of the Act, which provides that the nominal expiry date will not be more than 4 years after the day on which the Commission approved the Agreement. The Employer provided an undertaking resolving this concern.

1. Clause 31 of the Agreement provided a minimum engagement period for overtime worked on weekends, however, does not provide minimum engagement for ordinary hours worked on weekends. The Employer submitted that it does not currently roster day workers to perform ordinary hours on weekends and provided an undertaking resolving this issue.

1. Clause 17.2 of the Agreement allows for alteration of the span of hours over which the afternoon shift may be worked, without limitation. I noted this as a better off overall test concern, as it may have the effect of providing a less favourable afternoon shift window than that contemplated by the Award. The Employer provided an undertaking altering Clause 17.2, resolving this issue.

1. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2025. The nominal expiry date of the Agreement is 20 June 2029.

COMMISSIONER

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Annexure A