DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mercer Administration Services (Australia) Pty Ltd T/A Mercer
(AG2019/5119)

MERCER ADMINISTRATION SERVICES ENTERPRISE AGREEMENT 2019

Banking finance and insurance industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 FEBRUARY 2020

Application for approval of the Mercer Administration Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mercer Administration Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercer Administration Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CPSU, the Community and Public Sector 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2020. The nominal expiry date of the Agreement is 31 March 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mercer Administration Services (Australia) Pty Ltd T/A Mercer applied for approval of the Mercer Administration Services Enterprise Agreement 2019. The application was made by the employer under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Services Union and two employees, Ms. Brown and Mr. White.

The primary legal issue before the Court was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement met the genuine bargaining test, whether the agreement provided for a fair and reasonable process for resolving disputes, and whether the agreement was in the best interests of the employees. The Court also had to consider whether the agreement complied with the general protections provisions of the Fair Work Act.

In determining the application, the Court considered the evidence provided by the parties, including the bargaining history and the terms of the agreement. The Court found that the agreement had been genuinely bargained for and that it provided for a fair and reasonable process for resolving disputes. The Court also found that the agreement was in the best interests of the employees and that it complied with the general protections provisions of the Fair Work Act. As a result, the Court approved the agreement.

The Court made an order approving the Mercer Administration Services Enterprise Agreement 2019. The order was made under section 232 of the Fair Work Act 2009. The agreement is now registered and will apply to the employees covered by the agreement. The Court's decision provides certainty for both the employer and employees and ensures that the agreement complies with the requirements of the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established