[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
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.
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.
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.
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.
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
- AGLC
- Mentholatum Australasia Pty Ltd [2025] FWCA 647
- Case
- [2025] FWCA 647
- Decision Date
CaseChat Overview and Summary
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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