DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MECCA Brands Pty Ltd
(AG2021/4268)

MECCA BRANDS DISTRIBUTION CENTRE (TULLAMARINE) ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER WILSON	MELBOURNE, 9 APRIL 2021

Application for approval of the MECCA Brands Distribution Centre (Tullamarine) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MECCA Brands Distribution Centre (Tullamarine) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MECCA Brands Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2021. The nominal expiry date of the Agreement is 9 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of MECCA Brands Pty Ltd concerned an application for the approval of the MECCA Brands Distribution Centre (Tullamarine) Enterprise Agreement 2021. The dispute was brought before the Fair Work Commission, a body responsible for regulating and promoting workplace relations in Australia.

The primary legal issues addressed by the Commission were whether the agreement was genuinely bargained for, met the criteria for good faith bargaining, and aligned with the provisions of the Fair Work Act 2009. The Commission needed to determine if the enterprise agreement provided fair and reasonable terms and conditions for employees, and if it was negotiated in good faith between the employer and the employees' representatives.

The Fair Work Commission examined the process through which the agreement was negotiated, considering evidence of the parties' conduct and the context of the bargaining. The Commission found that the agreement was the product of genuine and meaningful negotiations, which were conducted in good faith. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work performed at the distribution centre. Consequently, the Commission approved the MECCA Brands Distribution Centre (Tullamarine) Enterprise Agreement 2021, recognising its compliance with the legal standards set by the Fair Work Act 2009.

MECCA Brands 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