Melbourne Market Authority

[2022] FWCA 801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Market Authority

(AG2022/552)

Melbourne Market Authority Enterprise Agreement 2021

Agricultural industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2022

Application for approval of the Melbourne Market Authority Enterprise Agreement 2021

The Melbourne Market Authority (the Applicant) has made an application for approval of an enterprise agreement known as the Melbourne Market Authority Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 March 2022.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Melbourne Market Authority for approval of the Enterprise Agreement 2021. The applicants sought approval under section 231 of the Fair Work Act 2009 for the proposed agreement, which was negotiated with the Australian Council of Trade Unions and the Shop, Distributive and Allied Employees’ Association. The agreement aimed to govern the employment conditions of certain workers within the Melbourne Market Authority.

The primary legal issues that the Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act, particularly sections 227 and 230, and whether it was in the best interests of the employees involved. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. Furthermore, the Commission needed to consider whether the agreement complied with the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

In reaching its decision, the Commission considered submissions from both the applicants and the relevant unions, as well as the views of affected employees. The Commission found that the proposed agreement was fair and reasonable, met all legislative requirements, and was in the best interests of the employees. The agreement was deemed to be 'better off overall', providing improved terms and conditions for the employees, and thus approved the application under section 231 of the Fair Work Act. The Commission highlighted the importance of fair and equitable agreements in promoting harmonious industrial relations.

The Fair Work Commission approved the application for the Melbourne Market Authority Enterprise Agreement 2021. The agreement was to be registered with effect from the date of the Commission's decision, ensuring that the terms and conditions outlined within would govern the employment of the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established