Mercer Administration Services (Australia) Pty Ltd Trading as Mercer Summary

[2025] FWCA 1738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mercer Administration Services (Australia) Pty Ltd Trading as Mercer

(AG2025/1242)

MERCER ADMINISTRATION SERVICES ENTERPRISE AGREEMENT 2025

Financial consulting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 MAY 2025

Application for approval of the Mercer Administration Services Enterprise Agreement 2025

Introduction

Mercer Administration Services (Australia) Pty Ltd Trading as Mercer (the Employer) has made an application for approval of an enterprise agreement known as the Mercer Administration Services Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Banking, Finance and Insurance Award 2020.

Section 218A Application

The Employer has made an application pursuant to s.218A of the Act to correct the following errors in the Agreement:

Deleting the words “Error! Reference source not found.” wherever they occur in
clause 16.3 and in their place in each case, inserting “16.2”; and
Deleting the words “Error! Reference source not found. and 16.2” in clause 16.4 and in their place, inserting “16.2 and 16.3”.

The variations sought by the Employer are in relation to obvious errors. The proposed variations do not disturb any of my findings in relation to the approval of the Agreement and the employees will not be disadvantaged by the proposed variations. In the circumstances, it is appropriate to vary the Agreement pursuant to s.218A(2)(b)(i) in the terms sought by the Employer.

Section 190 Undertakings

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule C. 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Community and Public Sector Union (CPSU) 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 CPSU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter involved an application for the approval of the Mercer Administration Services Enterprise Agreement 2025. The applicant was Mercer Administration Services (Australia) Pty Ltd, trading as Mercer, and the dispute was primarily focused on whether the terms and conditions outlined in the proposed enterprise agreement complied with the relevant legislative and regulatory framework. The legal issues that arose from the application were whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether the agreement fairly and adequately covered the employees and the terms and conditions of their employment.

The Commission examined the application to determine whether the agreement provided for a fair and efficient method of determining wages and other terms and conditions of employment. It considered whether the agreement provided for a streamlined and efficient method of resolving disputes and included provisions for the resolution of disputes. The Commission also evaluated whether the agreement adequately protected the interests of employees and ensured that it did not undermine the protections provided under the National Employment Standards. The key issue was whether the agreement would promote harmonious, productive, and cooperative workplace relations.

After thorough deliberation, the Fair Work Commission determined that the Mercer Administration Services Enterprise Agreement 2025 met the requirements for approval. The Commission found that the agreement contained provisions that were fair and efficient for the resolution of disputes and provided for a streamlined process for determining wages and other terms and conditions of employment. It was concluded that the agreement adequately protected the interests of employees and did not undermine the protections provided under the National Employment Standards. Consequently, the Commission approved the enterprise agreement, recognising it as a fair and efficient method for addressing the terms and conditions of employment for the employees of Mercer Administration Services.

Mercer Administration Services (Australia) Pty Ltd Trading as Mercer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established