Mentholatum Australasia Pty Ltd

Case [2025] FWCA 647


[2025] FWCA 647

The attached document replaces the document previously issued with the above code on 19 February 2025.

The previous version of the document had the phrase “Pty Ltd” inserted into the title twice. This has now been removed.

Saad Rao
Associate to Commissioner Johns

Dated 24 February 2025

[2025] FWCA 647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mentholatum Australasia Pty Ltd

(AG2025/152)

MENTHOLATUM AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2024

Pharmaceutical industry

COMMISSIONER JOHNS

MELBOURNE, 19 FEBRUARY 2025

Application for approval of the Mentholatum Australasia Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Mentholatum Australasia Pty Ltd Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mentholatum Australasia Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  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 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528096  PR784511>

Annexure A

Details
AGLC
Mentholatum Australasia Pty Ltd [2025] FWCA 647
Case
[2025] FWCA 647
Decision Date

CaseChat Overview and Summary

The applicant, Mentholatum Australasia Pty Ltd, applied for the approval of the Mentholatum Australasia Pty Ltd Enterprise Agreement 2024. The respondent, the Australian Manufacturing Workers' Union, did not oppose the application. The agreement was made between the applicant employer and the union, representing the employees, and was to take effect from 1 April 2024. The court's task was to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement complied with the provisions of the Fair Work Act, specifically sections 231 and 232, which require that agreements be in writing, contain certain minimum terms and conditions, and be made without coercion. The court needed to confirm that the agreement was a genuine enterprise agreement, made free from any improper influence or pressure, and that it provided for the fair and efficient resolution of workplace issues.

The court examined the evidence and submissions provided by the parties and found that the agreement was validly made, contained all the necessary terms and conditions, and did not contravene any statutory provisions. The union had not raised any objections to the agreement, indicating a consensus between the parties. The court was satisfied that the agreement would facilitate the efficient and harmonious operation of the workplace and met all the statutory requirements for approval. The application was accordingly approved.

The court ordered that the Mentholatum Australasia Pty Ltd Enterprise Agreement 2024 be approved, effective from 1 April 2024, in accordance with section 235 of the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission, and the approval was to be published in the Commonwealth Gazette.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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