Mercer Administration Services (Australia) Pty Ltd T/A Mercer

[2023] FWCA 1136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mercer Administration Services (Australia) Pty Ltd T/A Mercer

(AG2023/800)

MERCER ADMINISTRATION SERVICES ENTERPRISE AGREEMENT 2023

Banking finance and insurance industry
DEPUTY PRESIDENT EASTON	SYDNEY, 20 APRIL 2023

Application for approval of the Mercer Administration Services Enterprise Agreement 2023.

Mercer Administration Services (Australia) Pty Ltd T/A Mercer (the Employer) has made an application for the approval of the Mercer Administration Services Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The CPSU, the Community and Public Sector Union (CPSU) was a bargaining representative for the Agreement and 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 CPSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mercer Administration Services (Australia) Pty Ltd, trading as Mercer, applied to the Fair Work Commission for approval of the Mercer Administration Services Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the dispute involved the terms of the proposed agreement, which sought to cover employees of Mercer, a superannuation fund administrator. The Commission was required to determine whether the agreement met the requirements of the Act, including provisions for employee protections, minimum wages, and other workplace conditions.

The legal issues before the Commission included whether the agreement provided for adequate pay and conditions for all employees, whether it included appropriate dispute resolution mechanisms, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also considered whether the agreement had been made in accordance with the procedural requirements of the Act, including whether there had been genuine bargaining between Mercer and the relevant employee representatives.

In its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission determined that the agreement provided for appropriate pay and conditions for employees, including minimum wage rates and leave entitlements. The Commission also found that the agreement included adequate dispute resolution mechanisms and that it had been made through genuine bargaining. The Commission approved the Mercer Administration Services Enterprise Agreement 2023, and it will now be binding on Mercer and its employees.

The Commission made an order approving the Mercer Administration Services Enterprise Agreement 2023, effective from 1 July 2023. The order is binding on Mercer and its employees and may not be varied by individual agreement. The approval of the agreement provides certainty for both Mercer and its employees, ensuring that they are covered by a modern award that meets the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established